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ALABAMA SENTENCING COMMISSION

2013 Report

300 Dexter Avenue Suite 2-230 Montgomery, Alabama 36104 Phone: (334) 954-5099 1-866-954-9411 ext.5099 Fax: (334) 954-2124 E-mail: [email protected] Website: http://sentencingcommission.alacourt.gov ALABAMA SENTENCING COMMISSION, 2013 Table of Contents

Acknowledgements i

Alabama Sentencing Commission Members ii

Executive Committee Members iii

Advisory Council Members iii

Commission Staff iv

Standards Committee Members iv

Letter from Chairman vii

Executive Summary ix

Chapter 1: Development of Presumptive Sentencing Recommendations for Non-Violent Offenses 1

Chapter 2: Modifications and Recommendations 5

Chapter 3: Sentencing Standards Compliance and Data 7 ALABAMA SENTENCING COMMISSION, 2013 Acknowledgements

The Alabama Sentencing Commission takes this opportunity to extend its sincere appreciation to the various criminal justice agencies, departments and state and local officials for the invaluable assistance and support they have provided to the Commission. The successes achieved by the Sentencing Commission have been accomplished only because of their consistent dedication, service, and encouragement, which is indicative of the extraordinary collaboration between Alabama’s Executive, Legislative and Judicial branches for the improvement of Alabama’s Criminal Justice System.

Collaborating with all branches of government, the Sentencing Commission has been able to obtain input from all stakeholders in the Criminal Justice system. By employing a deliberative and evidence-based process, the Commission has made, and will continue to make, recommendations for reform that reflect its number one priority – public safety.

The Commission and staff are grateful for the assistance that has been provided by these individuals in their commitment to improve public safety in Alabama. Special recognition is extended to the following individuals and organizations for lending their knowledge, expertise and support to this critical undertaking.

Governor Dr. Robert Bentley Chief Justice Charles R. Malone Lieutenant Governor Kay Ivey Del Marsh, President Pro Tempore, Alabama Senate Senator Cam Ward, Co-Chair, Senate Judiciary Committee The Alabama Senate Mike Hubbard, Speaker of the House, Alabama House of Representatives Representative Paul DeMarco, Chair, House Judiciary Committee The Alabama House of Representatives Joseph A. Colquitt, Chairman of the Sentencing Commission Alyce Spruell, Administrative Director of Courts Administrative Office of Courts and staff Court of Criminal Appeals Alabama Circuit and District Judges’ Associations Attorney General Luther Strange The Alabama Department of Corrections and staff The Alabama Board of Pardons and Paroles and staff The Alabama District Attorneys Association/Office of Prosecution Services Victim Advocates; VOCAL, MADD, Angel House, Coalition Against Domestic Violence The National Association of Sentencing Commissions Alabama Association of Community Corrections Alabama Lawyer’s Association The Criminal Defense Lawyers Association The Association of County Commissioners The Alabama Sheriff’s Association The Alabama Association of Chiefs of Police Faulkner University Dr. Tammy Meredith and Dr. John Speir, Applied Research Service, Inc.

i Alabama Sentencing Appointed by the Chief Justice of the Supreme Court Commission Members Retired Circuit Judge Joseph A. Colquitt, Chair Beasley Professor of Law, University of Alabama School of Law

Governor’s Appointments Rebecca Boykins Governor’s Office Miriam Shehane, Executive Director Victims of Crime and Leniency (VOCAL) Victims’ Advocate Janette Grantham Victims of Crime and Leniency (VOCAL) Victims’ Advocate Joe Faulk, Commissioner Elmore County Commission

Attorney General Appointment Rosa Davis, Esquire Chief Assistant Attorney General

President of the Alabama District Attorneys’ Association Appointments Eleanor I. Brooks, District Attorney, 15th Judicial Circuit Steven T. Marshall, District Attorney, 27th Judicial Circuit J. Christopher McCool, District Attorney, 24th Judicial Circuit

President of the Alabama Association of Circuit Court Judges’ Appointments P.B. McLauchlin, 33rd Judicial Circuit David A. Rains, 9th Judicial Circuit

President of the Alabama Association of District Court Judges’ Appointment Tim Riley, Marshall County

Chair of the House Judiciary Committee Representative Paul DeMarco, 46th District

Chair of the Senate Judiciary Committee Senator Cam Ward, 14th District

Alabama Department of Corrections Kim Thomas, Commissioner

Alabama Board of Pardons and Paroles’ Appointment Cynthia Dillard, Executive Director

Appointment by the Chief Justice of the Supreme Court Lou Harris, D.P.A., Faulkner University

President of the Alabama Lawyers’ Association Appointment Stephanie Daniels, Esquire, Montgomery, AL

President of the Alabama Criminal Defense Lawyers’ Association Appointment Joel Sogol, Esquire, Tuscaloosa, AL

ALABAMA SENTENCING COMMISSION, 2013 ii Sheriff’s Association Appointment Mike Blakely, Sheriff Limestone County

Association of Chiefs of Police Appointment Ted Cook, Police Chief Mountain Brook, AL

Executive Committee Retired Circuit Judge Joseph A. Colquitt Beasley Professor of Law, University of Alabama School of Law

Eleanor I. Brooks, District Attorney 15th Judicial Circuit

Rosa Davis, Esquire Chief Assistant Attorney General Circuit Judge P.B. McLauchlin 33rd Judicial Circuit Joel Sogol, Esquire Tuscaloosa, AL

Advisory Council Circuit Judge John W. Cole 10th Judicial Circuit Eddie Cook, Associate Director Alabama Board of Pardons and Paroles Doris Dease Victim Advocate Denis Devane Shepherd’s Fold

Tammy Peacock, Ph.D., Associate Commissioner Alabama Department of Mental Health Shelly Linderman, Project Director Victims of Crime and Leniency (VOCAL) Retired Justice Hugh Maddox Alabama Supreme Court

J. Christopher Murphy, Director Alabama Department of Public Safety Sheriff Wally Olson Dale County Sheriff’s Office Chief Terry Davis Alabama Association of Police Chiefs

David Horn, Director Shelby County Community Corrections

iii Steve Green, President Alabama Community Corrections Association Director, Mobile County Community Corrections

Mary Pons, Staff Attorney Association of County Commissions

Chaplin Adolph South Tuscaloosa, AL

Catherine Roden-Jones Alabama Women’s Resource Network

Walter Wood, Executive Director Alabama Department of Youth Services

Jeff Williams, Deputy Commissioner Alabama Department of Corrections

Deborah Daniels Alabama Department of Corrections Appointee

Commission Staff Bennet Wright, Executive Director

Rosa Davis, Chief Assistant Attorney General

Melisa Morrison, Research Analyst

LaKendra Ellis, Sentencing Worksheets Specialist

Standards Committee Rosa Davis, Chair Chief Assistant Attorney General

Eleanor I. Brooks, District Attorney 15th Judicial Circuit

Cynthia Dillard, Executive Director Alabama Board of Pardons and Paroles Randy Hillman, Executive Director Alabama District Attorneys’ Association Shelly Linderman, Project Director Victims of Crime and Leniency (VOCAL) Circuit Judge P. B. McLauchlin 33rd Judicial Circuit Circuit Judge David A. Rains 9th Judicial Circuit Miriam Shehane, Executive Director Victims of Crime and Leniency (VOCAL)

ALABAMA SENTENCING COMMISSION, 2013 iv Tommy Smith, District Attorney 6th Judicial Circuit Joel Sogol, Esquire Tuscaloosa, AL Circuit Judge David Kimberly 16th Judicial Circuit Circuit Judge Virginia Vinson 10th Judicial Circuit - Birmingham Darlene Hutchinson Biehl Victims of Crime and Leniency (VOCAL) Bob Williams, Public Defender Shelby County Eddie Cook, Associate Director Alabama Board of Pardons and Paroles Brandon Falls, District Attorney 10th Judicial Circuit Ralph Hendrix UAB Treatment Alternatives to Street Crime (TASC)

Bob Johnston, Assistant District Attorney 9th Judicial Circuit Tommy Spina, Esquire Birmingham, AL Circuit Judge John W. Cole 10th Judicial Circuit Stephanie Daniels, Esquire Montgomery, AL Steve Marshall, District Attorney 27th Judicial Circuit Joe VanHeest, Public Defender Tuscaloosa, AL Circuit Judge Tim Jolley 27th Judicial Circuit Circuit Judge John England 6th Judicial Circuit Kim Thomas, Commissioner Alabama Department of Corrections

Jeff Williams, Deputy Commissioner Alabama Department of Corrections

Richard Minor, District Attorney 30th Judicial Circuit Rebecca Boykins Governor’s Office

v Mission Statement

The Alabama Sentencing Commission shall work to establish and maintain an effective, fair, and efficient sentencing system for Alabama that enhances public safety, provides truth-in-sentencing, avoids unwarranted disparity, retains meaningful judicial discretion, recognizes the most efficient and effective use of correctional resources, and provides a meaningful array of sentencing options.

ALABAMA SENTENCING COMMISSION, 2013 vi

ALABAMA SENTENCING COMMISSION

I am pleased to present you the Alabama Sentencing Commission’s 2013 Annual Report. This report includes information on the modifications adopted by the Commission to the Initial Voluntary Sentencing Standards and statistical Joseph A. Colquitt, Chairman Beasley Professor of Law information on felony convictions in State courts, the State’s correctional population, and judicial compliance with the Sentencing Standards. The Mike Blakely Sheriff Limestone County Commission continues to recommend improvements to the State’s criminal justice system recognizing the number one purpose of the Commission – Rebecca Boykins protecting public safety. Governor’s Office

Ellen Brooks The Alabama Legislature directed the Commission to make the necessary th District Attorney, 15 Judicial Circuit modifications to the Sentencing Standards to allow for presumptive sentencing Ted Cook of non-violent offenses effective October 1, 2013. This required modifications Police Chief Mountain Brook, AL to the drug and property worksheets, drug sentence length table, and general

Stephanie Daniels instructions. Responding to requests to add additional offenses to the drug Alabama Lawyers’ Association worksheets, the Commission has approved the addition of Unlawful Manufacturing of Controlled Substances in the first and second degrees, a Rosa Davis Chief Assistant Attorney General new Possession with Intent to Distribute offense, and the inchoate offenses for select drug offenses. The drug sentence length table was amended to Paul DeMarco include longer sentence lengths to accommodate the inclusion of a Class A House Judiciary Committee felony (Unlawful Manufacture of a Controlled Substance 1st Degree). And Cynthia Dillard the instructions were modified by adding new procedures for presumptive Director, Bd. of Pardons and Paroles sentencing and creating a list of aggravating and mitigating factors that allow Joe Faulk the trial court to depart from presumptive sentencing recommendations. Elmore County Commissioner

Janette Grantham The modifications to the Sentencing Standards adopted by the Commission Victim’s Advocate seek to continue the establishment of a more effective, fair, and efficient sentencing system for the State, while avoiding unwarranted disparity for Lou Harris Faulkner University similarly situated defendants. I would like to thank the Commission and Standards Committee members for the incredible amount of time and Chris McCool District Attorney, 24th Judicial Circuit professional expertise they have invested in the modification process of the Sentencing Standards. It is the collective wisdom, experience, and dedication Steve Marshall of these individuals that allows the Commission to recommend improvements District Attorney, 27th Judicial Circuit to the State’s criminal justice system to better protect public safety. P. B. McLauchlin Circuit Judge, 33rd Judicial Circuit

David Rains Circuit Judge, 9th Judicial Circuit Sincerely,

Tim Riley District Judge, Marshall County

Miriam Shehane Director, VOCAL Joseph A. Colquitt, Chair Alabama Sentencing Commission Joel Sogol Criminal Defense Lawyers’ Association

Kim Thomas Commissioner, Dept. of Corrections

Cam Ward Senate Judiciary Committee

vii ALABAMA SENTENCING COMMISSION, 2013 viii EXECUTIVE SUMMARY

Sentencing Standards Modifications for Non-Violent Offenses

With considerable input from all facets of the criminal justice system as represented on both the Alabama Sentencing Commission and the Commission’s Standards Committee, the Commission directed the major portion of its resources and time to carrying out the 2012 statutory mandates. The Commission, at the direction of the Legislature, focused this year’s efforts on making the necessary modifications to the Initial Voluntary Sentencing Standards to implement presumptive sentencing recommendations for non-violent offenses sentenced on or after October 1, 2013, and at the request of criminal justice practitioners, adding additional drug offenses to the Sentencing Standards and amending the drug sentence length table.

Offenses added to the drug worksheets include Unlawful Manufacture of a Controlled Substance in the first and second degrees, the new Possession with Intent to Distribute offense, the inchoate offenses for these offenses, and the inchoate offenses for select existing drug worksheet offenses. The drug sentence length table now has additional scores added that allow for higher sentences to incorporate sentencing for Unlawful Manufacture of a Controlled Substance in the first degree, a Class A felony.

The general instructions for the Sentencing Standards were modified to allow for presumptive sentencing for non-violent offenses. These modifications included establishing procedures for sentencing departures and creating a list of aggravating and mitigating factors that the trial court may use to depart from presumptive sentencing recommendations in appropriate cases.

The Alabama Sentencing Commission adopted the modifications to the drug and property worksheets, drug sentence length table, and general instructions and now submits these modifications pursuant to legislative directive.

Felony Conviction, Prison Population, and Sentencing Standards Information

While continuing to remain the most frequently occurring offense in the State, Unlawful Possession of a Controlled Substance convictions have fallen significantly the past two years; all degrees of felony robbery convictions decreased, while Sale/Possession of Precursor Chemicals moved into the Top 25 convicted offenses for the first time.

Offenders convicted of one of two offenses, Robbery 1st or Murder, account for over one quarter of the total population housed in State prison facilities. While offenders convicted of drug offenses continue to be the largest category of offenders sentenced to the jurisdiction of the Department of Corrections, offenders convicted of personal or violent offenses constitute the majority of offenders in State prison facilities.

ix Where appropriate compliance documentation was submitted to the Commission, overall compliance with the Initial Voluntary Sentencing Standards remained stable from the level of the previous year. The worksheets’ dispositional recommendations were followed in excess of 75 percent cases for both “In” and “Out” recommendations. The Commission continues to work with key stakeholders to improve submission of sentencing documentation (worksheets and sentencing orders) to the Commission utilizing existing court technology.

ALABAMA SENTENCING COMMISSION, 2013 x Chapter 1: Development of Presumptive Sentencing Recommendations for Non-Violent Offenses

During the 2012 Regular Session, the Alabama Legislature passed and the Governor signed Act 2012-473. This legislation contained numerous Act 2012-473 Provisions provisions and directed the Sentencing Commission to make the first changes to the Initial Voluntary Sentencing Standards since their effective date of October 1, 2006. The provisions provided in the Act include:

• Requiring the Commission to make necessary modifications to the Sentencing Standards to transition from voluntary sentencing to presumptive sentencing for non-violent offenses effective October 1, 2013;

• Requiring the Commission to present Truth-in-Sentencing Sentencing Standards to the Legislature by the 2020 Regular Session;

• Amending the Alabama Sentencing’s Commission definition of a violent offense, codified in 12-25-32 (14) Code of Alabama 1975, to include all felony burglary offenses;

• Requiring the Commission’s annual report to be submitted to the Governor, the Legislature, the Chief Justice, and the Attorney General forty-five days prior to each regular session of the Legislature;

• Modifications presented for non-violent offenses shall become effective on October 1 following the legislative session in which the modifications were presented unless rejected by an act of the Legislature enacted by bill during the legislative session;

• Requiring the Commission to recommend a narrow standard of appellate review for departures from presumptive sentence recommendations. Standards Committee These provisions required swift action by the Commission to make the Researched and Developed necessary modification to the Sentencing Standards to allow for presumptive Presumptive Sentencing sentencing standards for non-violent offenses. A subcommittee of the Recommendations Commission, the Standards Committee, assumed the work of researching and developing recommendations to accomplish the requirement of transitioning non-violent offense sentencing from voluntary to presumptive.

The Standards Committee is comprised of judges, prosecutors, defense counsel, victims’ advocates, and criminal justice professionals from across the State. Some of the members have spent years working with the Commission developing a thorough understanding of the State’s sentencing structure and, along with the newer additions to the group, have devoted extensive time over the past year to specifically learning about existing presumptive sentencing structures. The inherent strength of the Standards

1 Chapter 1: Development of Presumptive Sentencing Standards for Non-Violent Offenses

Committee is the collective knowledge and experience of the members and their familiarity with the existing Standards and the modifications necessary to carry out the Commission’s legislative directive.

New Offenses Added to the Since the inception of the Sentencing Standards, criminal justice practitioners Drug Worksheets requested additional offenses be added to the worksheets, particularly the drug worksheets. The surge in methamphetamine related convictions drove the request for the Commission to add Unlawful Manufacture of a Controlled Substance in the first and second degrees as well as their inchoate offenses. In addition to requesting the addition of manufacturing offenses, practitioners also asked for the addition of inchoate offenses to drug worksheets where Alabama law requires courts to sentence the inchoate offenses the same as the covered offense. This inclusion added the offenses of attempts, conspiracies and solicitations for Possession of a Controlled Substance/Marihuana and Sale/Distribution of Controlled Substance/Marihuana (other than to a minor). The final addition to the drug worksheets was an offense created in the 2012 Regular Session of the Legislature – Possession with Intent to Distribute a Controlled Substance. This new offense carves out a subset of former Possession of a Controlled Substance offenses based on the weight of specified controlled substances. The inchoate offenses for Possession with Intent to Distribute a Controlled Substance were also added to the drug worksheets.

Drug Sentence Length Table After it was decided additional drug offenses would be added, the offenses Amended to Incorporate were then assigned scores on the In/Out and Sentence Length Worksheets. Manufacturing 1st The Standards Committee carefully considered scoring options by evaluating Sentencing scores of existing offenses and then determining the most appropriate score for the offenses added to the drug worksheets by considering the seriousness of the offense and selecting a score relative to scores of existing offenses. The drug sentence length table had to be amended by adding higher sentence length options to incorporate the addition of the Class A felony offense, Unlawful Manufacture of a Controlled Substance in the first degree. To help guide the addition of higher sentence lengths on the drug sentence length table, Commission staff reviewed sentences imposed for Unlawful Manufacture of a Controlled Substance in the first degree over a seven year time period. Reviewing sentencing information for those seven years of convictions and sentences revealed that 95 percent of the prison sentences fell within the added sentence length ranges.

Modifications of General The Standards Committee’s attention then turned to modifications to the Instructions general instructions of the Standards needed to transition non-violent offense sentencing from voluntary to presumptive. Recent United States Supreme Court cases provide substantial guidance for procedures that are needed in a presumptive sentencing structure that are not always required in a voluntary sentencing structure.

The United States Supreme Court held in Apprendi1 that other than a prior conviction, any other fact that “increases the penalty for a crime beyond

1 Apprendi v. New Jersey, 530 U.S. 466 (2000)

ALABAMA SENTENCING COMMISSION, 2013 2 the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt”. In a subsequent case2, the United States Presumptive Sentencing Supreme Court reiterated a defendant’s right to a jury trial for a fact, other Procedures than a prior conviction, that increases the maximum penalty a judge may impose and clarified what is the “statutory maximum” sentence the Court referenced in Apprendi. Since Apprendi was decided in 2000, these procedures have been required for the application of Alabama’s sentence enhancements in similar circumstances.

The Standards Committee recommended and the Commission adopted procedures more clearly enunciating a defendant’s right to a jury trial, as constitutionally required, for a fact that increases the maximum penalty the trial court may impose as articulated in Apprendi and Blakely relating these procedures more specifically to Standards sentencing events. These procedures include burden of proof requirements, notice provisions, and the use of aggravating and/or mitigating factors that may be used to depart from presumptive sentence recommendations.

The Standards Committee conducted extensive research both from other Aggravating & Mitigating states and from trial experience in Alabama to develop a list of aggravating Factor Lists Created and mitigating factors. Each of these lists include a “catch all” provision that will allow a party to prove an additional factor that is substantial and compelling that can justify a departure sentence. The Commission adopted the Committee’s recommendations of a list of aggravating factors and a list of mitigating factors that will allow the trial court to depart from presumptive sentencing recommendations. The list was created with the expectation that departures will be rare, and that departures should be reserved for exceptional cases and not for more typical cases.

2 Blakely v. Washington, 542 U.S. 296 (2004)

3 Chapter 1: Development of Presumptive Sentencing Standards for Non-Violent Offenses

ALABAMA SENTENCING COMMISSION, 2013 4 Chapter 2: Modifications and Recommendations

Modifications

Pursuant to ALA. CODE §12-35-34(d), the Alabama Sentencing Commission The Commission Submits presents the attached modifications to the Initial Voluntary Sentencing Modifications for Standards for non-violent offenses. The Commission modified the Standards Sentencing of Non-Violent to give them effect as presumptive sentencing recommendations as directed Offenses in ALA. CODE § 12-25-34.2(b) and (c). The Commission made some additional modifications to clarify the initial instructions, where warranted, and to add additional drug offenses as requested by criminal justice practitioners. The Standards, more specifically, the general instructions, the drug and property worksheets, instructions, and Drug Sentence Length Table were modified for these purposes.

The modifications apply only to non-violent offenses and are attached to this report as Appendix A.

Recommendations

In making the Sentencing Standards presumptive for non-violent offenses, Scope of Appellate Review the Legislature asked the Sentencing Commission in ALA. CODE §12-25- Recommendation 34.2(c), to “recommend a narrowly defined scope of appellate review applicable to departures from the presumptive sentencing recommendations.” The Commission makes the following recommendation narrowly defining the scope of review applicable to departures.

The Commission recommends the creation of a new statute §12-25-34.3 to read as follows:

The State may appeal a departure sentence below the presumptive recommendation and the defendant may appeal a departure sentence above the presumptive recommendation. Appellate review shall be limited to whether the trial court abused its discretion.

The Commission will continue to review the research and consult with the State Appellate Courts and other interested parties to confirm this recommendation or to make such amendment as may be necessary in the best interest of the people of the State of Alabama.

5 Chapter 2: Modifications and Recommendations

ALABAMA SENTENCING COMMISSION, 2013 6 Chapter 3: Sentencing Standards Compliance and Data

The Alabama Sentencing Commission continues to evaluate and measure the use of the Initial Voluntary Sentencing Standards in the State on an annual basis. The Commission has taken a methodical approach to measure judicial compliance with the Sentencing Standards and worksheet recommendations while continuing to refine and improve the worksheet process and improve future data quality.

The Commission’s 2009 Report identified the 4-Stage model used to gauge judicial compliance with the Initial Voluntary Sentencing Standards. The first stage in the process (Use Compliance) consisted of contacting local practitioners and determining how implementation of the Standards was proceeding. The second stage (Submission Compliance) entails comparing the number of submitted valid worksheets to the number of applicable worksheet sentencing events. The third and fourth stages (In/Out and Sentence Length Compliance) measure compliance with the dispositional and sentence length recommendations found on the Standards’ worksheets.

Use Compliance was completed by contacting judges, prosecutors, court clerks, the defense bar, and probation and parole officers to ascertain how implementation and use of the Standards was proceeding in local jurisdictions. Submission compliance is measured by comparing the number of valid received Sentencing Standards worksheets to the total number of applicable Standards worksheet sentencing events. The Commission knows the submission compliance measure is not an accurate indication of worksheet usage in local jurisdictions. A large number of worksheets received by the Commission are not categorized as valid worksheets because the conviction offense indicated on the worksheet was not consistent with the conviction offense found in SJIS or on received sentencing orders. Commission staff has also spoken with jurisdictions that are reporting using the worksheets and standards, but the Commission is not receiving the worksheets to report in all cases. For fiscal year 2011, the Commission received valid worksheets in 47 percent of applicable cases. Worksheets were used and submitted in far more cases but had to be excluded because of inconsistent conviction offense information. Figure 1 shows submission compliance by county and for the entire State.

7 Chapter 3: Sentencing Standards & Worksheets Compliance and Data

Figure 1. Sentencing Standards Worksheets Received October 1, 2010-September 30, 2011

% of Worksheets Received Sentencing Worksheets for Events with Worksheet Sentencing Received Sentencing Events Events Worksheets Autauga 134 100 74.6% Baldwin 389 72 18.5% Barbour 73 28 38.4% Bibb 48 20 41.7% Blount 83 3 3.6% Bullock 30 0 0.0% Butler 70 25 35.7% Calhoun 429 231 53.8% Chambers 77 62 80.5% Cherokee 112 57 50.9% Chilton 139 125 89.9% Choctaw 21 6 28.6% Clarke 84 2 2.4% Clay 52 47 90.4% Cleburne 56 41 73.2% Coffee 164 95 57.9% Colbert 146 88 60.3% Conecuh 56 40 71.4% Coosa 27 20 74.1% Covington 189 134 70.9% Crenshaw 17 10 58.8% Cullman 201 54 26.9% Dale 117 83 70.9% Dallas 150 46 30.7% Dekalb 140 37 26.4% Elmore 189 150 79.4% Escambia 182 113 62.1% Etowah 313 123 39.3% Fayette 67 0 0.0% Franklin 67 23 34.3% Geneva 84 59 70.2% Greene 21 15 71.4% Hale 48 25 52.1% Henry 57 10 17.5%

ALABAMA SENTENCING COMMISSION, 2013 8 Figure 1. (Continued) Sentencing Standards Worksheets Received October 1, 2010-September 30, 2011 % of Worksheets Received Sentencing Worksheets for Events with Worksheet Sentencing Received Sentencing Events Events Worksheets Houston 502 362 72.1% Jackson 135 58 43.0% Jefferson 2,288 719 31.4% Lamar 38 0 0.0% Lauderdale 178 62 34.8% Lawrence 104 61 58.7% Lee 223 179 80.3% Limestone 141 7 5.0% Lowndes 25 0 0.0% Macon 54 25 46.3% Madison 876 441 50.3% Marengo 85 75 88.2% Marion 100 20 20.0% Marshall 253 142 56.1% Mobile 1,343 740 55.1% Monroe 56 0 0.0% Montgomery 710 357 50.3% Morgan 351 152 43.3% Perry 27 4 14.8% Pickens 44 1 2.3% Pike 121 92 76.0% Randolph 85 76 89.4% Russell 327 62 19.0% Shelby 487 331 68.0% St. Clair 269 146 54.3% Sumter 26 22 84.6% Talladega 269 254 94.4% Tallapoosa 170 43 25.3% Tuscaloosa 718 260 36.2% Walker 110 64 58.2% Washington 33 4 12.1% Wilcox 13 0 0.0% Winston 51 9 17.6% Total 14,244 6,712 47.1%

9 Chapter 3: Sentencing Standards & Worksheets Compliance and Data

IN/OUT COMPLIANCE

Figure 2 is a flowchart displaying the “In/Out” worksheet recommendations and “In/Out” dispositions for the worksheets for which judicial compliance is reported statewide. This flowchart is organized as follows:

Valid Worksheets o Box A - Displays the number of number of completed and valid worksheets received by the Sentencing Commission used to determine judicial compliance;

Recommended Dispositions o Box B - Displays the number of “In” recommendations from the completed worksheets and the percentage of submitted worksheets with a resulting “In” recommendation; o Box C - Displays the number of “Out” recommendations from the completed worksheets and the percentage of submitted worksheets with a resulting “Out” recommendation;

Imposed Dispositions o Box D - Displays the number of “In” recommendations that received an “Out” Disposition. The percentage displayed is the percentage of “In” recommendations that received an “Out” disposition; o Box E - Displays the number of “In” recommendations that received an “In” Disposition. The percentage displayed is the percentage of “In” recommendations that received an “In” disposition; o Box F - Displays the number of “Out” recommendations that received an “Out” Disposition. The percentage displayed is the percentage of “Out” recommendations that received an “Out” disposition; o Box G - Displays the number of “Out” recommendations that received an “In” Disposition. The percentage displayed is the percentage of “Out” recommendations that received an “In” disposition.

Box A shows the starting number of valid worksheets used to report judicial compliance - 6,623 worksheets. The “In/Out” recommendations reflect the Prison vs. Non-Prison recommendation based on the total score of the “In/Out” worksheet. An “Out” disposition was recommended in 61 percent of the received worksheets and an “In” disposition was recommended in 39 percent of the received worksheets. For those worksheets with an “In” recommendation, an “In” disposition was imposed 79 percent of the time (Box E). For those worksheets with an “Out” recommendation, an “Out” disposition was imposed 77 percent of the time (Box F).

ALABAMA SENTENCING COMMISSION, 2013 10 The shaded boxes (Boxes E and F) indicate sentencing events that were “In/Out” compliant - that is a “prison” sentence was imposed for an “In” recommendation, or a “non-prison” sentence was imposed for an “Out” recommendation1. A diagram is presented on the following page (Figure 3) providing examples of combinations of worksheet recommendations and case dispositions to show where sentencing events are categorized on the In/Out flowchart.

Figure 2.

In/Out Compliance Flowchart

A Worksheets Received for Sentencing Events n = 6,623

B C

IN OUT Recommendation Recommendation n = 2,598 n = 4,025 39.2% 60.8%

D E FG 1234567890123456789 12345678901234567890

1234567890123456789 12345678901234567890

1234567890123456789 12345678901234567890

1234567890123456789 12345678901234567890

1234567890123456789 12345678901234567890 OUT 123456789012345678IN 9 1234567890123456789OUT 0 IN 1234567890123456789 12345678901234567890

1234567890123456789 12345678901234567890

Disposition 123456789012345678Disposition 9 1234567890123456789Disposition 0 Disposition

1234567890123456789 12345678901234567890 n = 540 123456789012345678n = 2,058 9 1234567890123456789n = 3,099 0 n = 926 1234567890123456789 12345678901234567890

1234567890123456789 12345678901234567890

21.0% 12345678901234567879.0% 9 123456789012345678977.0% 0 23.0%

1234567890123456789 12345678901234567890

1 For the purpose of determining compliance only, an imposed community corrections sentence was categorized as In/Out compliant regardless of the worksheet In/Out recommendation (see Figure 3 for examples).

11 Chapter 3: Sentencing Standards & Worksheets Compliance and Data

Figure 3.

In/Out Compliance Examples

Worksheet Imposed Box IN/OUT Recommendation Sentence Destination Compliant

IN Probation Box D No

Community IN Box E Yes Corrections

IN Jail Box D No

IN Prison Box E Yes

OUT Probation Box F Yes

Community OUT Box F Yes Corrections

OUT Jail Box F Yes

OUT Prison Box G No

ALABAMA SENTENCING COMMISSION, 2013 12 Figure 4. Offense Category Compliance Flowcharts A

Personal n = 739

B C

IN OUT Recommendation Recommendation n = 508 n = 231 68.7% 31.3%

DEFG

12345678901234567890 1234567890123456789

12345678901234567890 1234567890123456789

12345678901234567890 1234567890123456789

12345678901234567890 1234567890123456789

12345678901234567890 1234567890123456789

OUT 1234567890123456789IN 0 123456789012345678OUT 9 IN

12345678901234567890 1234567890123456789 Disposition 12345678901234567890 123456789012345678Disposition 9 Disposition 1234567890123456789Disposition 0 1234567890123456789

12345678901234567890 1234567890123456789

n = 43 1234567890123456789n = 465 0 123456789012345678n = 133 9 n = 98

12345678901234567890 1234567890123456789 8.5% 12345678901234567890 12345678901234567857.6% 9 42.4% 123456789012345678991.5% 0 1234567890123456789

12345678901234567890 1234567890123456789

Figure 5. A

Property n = 2,708

B C

IN OUT Recommendation Recommendation n = 1,060 n = 1,648 39.1% 60.9%

DEFG

12345678901234567890 1234567890123456789

12345678901234567890 1234567890123456789

12345678901234567890 1234567890123456789

12345678901234567890 1234567890123456789

12345678901234567890 1234567890123456789

OUT 1234567890123456789IN 0 123456789012345678OUT 9 IN

12345678901234567890 1234567890123456789 12345678901234567890 123456789012345678Disposition 9 Disposition 1234567890123456789Disposition 0 1234567890123456789 Disposition

12345678901234567890 1234567890123456789

n = 242 1234567890123456789n = 818 0 123456789012345678n = 1,280 9 n = 368

12345678901234567890 1234567890123456789 12345678901234567890 12345678901234567877.7% 9 22.8% 123456789012345678977.2% 0 1234567890123456789 22.3%

12345678901234567890 1234567890123456789

13 Chapter 3: Sentencing Standards & Worksheets Compliance and Data

Figure 6. Offense Category Compliance Flowcharts (Continued) A

Drugs n = 3,176

B C

IN OUT Recommendation Recommendation n = 1,030 n = 2,146 32.4% 67.6%

DEFG

12345678901234567890

1234567890123456789 12345678901234567890

1234567890123456789 12345678901234567890

1234567890123456789 12345678901234567890

1234567890123456789 12345678901234567890 OUT 123456789012345678IN 9 1234567890123456789OUT 0 IN 1234567890123456789 12345678901234567890

1234567890123456789 12345678901234567890

Disposition 123456789012345678Disposition 9 1234567890123456789Disposition 0 Disposition

1234567890123456789 12345678901234567890 n = 255 123456789012345678n = 775 9 1234567890123456789n = 1,686 0 n = 460 1234567890123456789 12345678901234567890

1234567890123456789 12345678901234567890

24.8% 12345678901234567875.2% 9 123456789012345678978.6% 0 21.4%

1234567890123456789 12345678901234567890

Figures 4, 5 and 6 report In/Out compliance for the three different worksheet categories; Personal, Property, and Drugs respectively. The Personal worksheet has the highest compliance with “In” recommendations at 92 percent of offenders receiving a prison sentence for a corresponding “In” recommendation. The Property worksheet had 77 percent compliance with “In” recommendations while the Drugs worksheet had 75 percent compliance with “In” recommendations. The Personal worksheet, while having the highest compliance with “In” recommendations, had the lowest compliance with “Out” recommendations at 58 percent. The Property and Drugs worksheets had 78 percent and 79 percent compliance, respectively, with “Out” recommendations.

ALABAMA SENTENCING COMMISSION, 2013 14 Race & Gender Compliance Charts Figures 7 and 8 display statewide compliance with the Initial Voluntary Sentencing Standards by race and gender respectively. Compliance data with the Standards show similar compliance rates for Black and White offenders. The “Other” category consists of a small number (n=18) of offenders representing numerous racial groups. While no large disparity is found in the compliance figures controlling for race, the overall compliance percentage for females is higher than overall compliance for males.

Figure 7. Race

Overall In/Out

Black 61.9% 77.8% n=3,470 White 64.4% 78.1% n=3,135 Other n=18

Figure 8. Gender

Overall In/Out

Female 74.4% 81.1% n=1,293 Male 60.3% 77.1% n=5,328

15 Chapter 3: Sentencing Standards & Worksheets Compliance and Data

SENTENCE LENGTH COMPLIANCE

Sentence Length compliance is measured by comparing the imposed term of confinement to the recommended term(s) of confinement found on the Sentence Length sentencing worksheet. For an imposed direct/straight prison sentence, the length of imposed confinement is compared to the “straight” recommended sentence range found on the Sentence Length worksheet. For an imposed split sentence, the split portion and the total sentence lengths are compared to the split and straight Sentence Length recommended sentence ranges found on the Sentence Length worksheet. For a direct/straight sentence to be Sentence Length compliant, the imposed confinement must fall within the “straight” Sentence Length range found on the worksheet. For a split sentence to be Sentence Length compliant, the split portion of the sentence and the total length portion of the sentence must both be within the “straight” and “split” ranges found on the worksheet.

Sentence Length compliance is only reported for those sentencing events where the worksheet recommendation was “In” and the sentencing event also had a corresponding “In” disposition (those events located in Box E of the In/Out flowchart). Less than one-third of all worksheets received were used to report Sentence Length compliance as only 2,058 worksheet sentencing events received an “In” recommendation and an “In” sentence (those in Box E).

The diagram (Figure 9) on the following page displays statewide Sentence Length compliance using four categories - Within, Below, Above, and Mixed. The “Mixed” category is applicable only to split sentences when the different portions of the sentence (incarceration and total portions) are not consistent with each other (both either “Below”, “Above”, or “Within” the recommendations). Instances when the incarceration portion is above the recommended range and the total portion is below the recommended range, or the incarceration portion is within the recommended range and the total range is above the recommended range are examples of split sentences that would fall in the “Mixed” category. If both the split and total portions are within, above, or below the worksheet sentence length recommendations, they would be categorized as such, if they are not, they are categorized as “Mixed”. Approximately half (52%) of eligible sentencing events were sentence length compliant, thirty percent of the sentencing events received sentences above the worksheet recommendations, 2 percent received sentences below the worksheet recommendations, and 16 percent fell in the Mixed category. The overwhelming majority of events in the “Mixed” category consisted of sentences when the incarceration portion of the split sentence fell within the recommendations, but the total sentence exceeded the recommendations.

The three pie charts on page 18 (Figures 10, 11, and 12) display sentence length compliance for each worksheet offense category - Personal, Property, and Drugs. The three different worksheet offense categories all have markedly different sentence length compliance patterns. Personal worksheet sentence length recommendations were followed in 72 percent of events, property worksheet sentence length recommendations were followed in

ALABAMA SENTENCING COMMISSION, 2013 16 44 percent of events, and drug worksheet sentence length recommendations were followed in 49 percent of events.

Departures from the worksheet sentence length recommendations varied by worksheet offense category as well. Nearly 40 percent of all sentences imposed for property offenses fell above worksheet recommendations while 28 percent of drug sentences fell above, and only 16 percent of personal offense sentences exceeded the worksheet recommendations. The “Mixed” Category is most prevalent in drug events, but also is relatively high in property cases. Sentences imposed below worksheet recommendations were very low, at three percent or lower, across all three worksheet offense categories.

Figure 9. A

XXX XXXXXX

B C

XXX XXX XXXXXX XXXXXX

D E F G XXX IN XXX XXX XXXXXX Disposition XXXXXX XXXXXX n = 2,058

Within Below Above Mixed n = 1,078 n = 33 n = 611 n = 336 52.4% 1.6% 29.7% 16.3%

17 Chapter 3: Sentencing Standards & Worksheets Compliance and Data

Sentence Length Compliance

Personal Figure 10.

Above 16%

Mixed 9% Below 3% Within 72%

Figure 11. Property

Above 40% Within 44%

Mixed 15% Below 1% Figure 12. Drugs

Above 28% Within 49%

Mixed 22%

Below 1% ALABAMA SENTENCING COMMISSION, 2013 18 OVERALL COMPLIANCE

Overall compliance with the sentencing standards worksheet recommendations is achieved by conforming to the “In/Out” recommendation and the “Sentence Length” recommendation (when applicable). For the determination of compliance, sentence length recommendations are only applicable when the worksheets recommend “In” and an “In” sentence is imposed – those events located in Box E of the In/Out flowchart (Figure 2).

Consider the following examples for clarification: o If the worksheet recommendation is “Out”, the sentence length recommendation is not applicable for compliance purposes. If in this example, an “Out” sentence was imposed, this event would be overall compliant. If however an “In” sentence was imposed, this event would be overall non-compliant;

o If the worksheet recommendation is “In”, and an “Out” sentence is imposed, this event would be overall non-compliant. If in this example, an “In” sentence was imposed and the sentence was not within the sentence length recommendation(s), this event would also be overall non-compliant. If using this same scenario, an “In” sentence was imposed and the sentence was within the sentence length recommendation(s), this event would be classified as overall compliant. Overall compliance statewide is displayed in graphical format in the pie chart (Figure 13). All valid received worksheets are categorized into one of the categories in the pie chart. Overall compliance was realized in 63 percent of sentencing events. Nearly one quarter (23 percent) of the events were categorized as “Aggravated”, meaning either an “In” sentence was imposed on an “Out” recommendation or the sentence imposed exceeded the worksheet recommendations. The “Mitigated” category was significantly smaller than the “Aggravated” category – only 9 percent of events were “Mitigated”. This category is comprised of “Out” sentences imposed on “In” recommendations and sentences that were imposed that Figure 13. fell below the worksheet recommendations. The Mixed category (exclusive to splits) contained 5 percent of all worksheet sentencing events – the Overall Compliance majority of these events were instances when the incarceration portion of Mixed the sentence complied with the recommendation but the total sentence exceeded the sentence length recommendation. 5%

Aggravated 23%

Compliant Mitigated 63% 9%

19 Chapter 3: Sentencing Standards & Worksheets Compliance and Data

Who is in our Prisons - Top 25

Figure 14. Offenders Convicted of In-House Population on September 20, 2012 Robbery 1st and Murder Robbery 1st 1 3,812 Account for Over One-Quarter of Prison Murder 2 3,391 Population Rape 1st 3 1,312 Burglary 3rd 4 1,299 Distribution of Controlled Substance 5 1,280 Theft of Property 1st 6 1,069 Possession of Controlled Substance 7 1,065 Capital Murder 8 919 Manslaughter 9 845 Burglary 1st 10 774 Trafficking Drugs 11 707 Robbery 3rd 12 632 Sodomy 1st 13 622 Manufacturing Controlled Substance 2nd 14 502 Theft of Property 2nd 15 489 Robbery 2nd 16 438 Manufacturing Controlled Substance 1st 17 419 Assault 1st 18 418 Attempted Murder 19 413 Burglary 2nd 20 384 Sexual Abuse 1st 21 377 Assault 2nd 22 366 Rape 2nd 23 356 Kidnapping 1st 24 315 Possession Marihuana 1st 25 302

Top 25 Offenses 22,506

Other Offenses 2,895 Figure 15. In-House Population Total In-House Population 25,401 Offense Category

Other 2% Figure 16. In-House Population Drugs (Violent as defined 17% in § 12-25-32) Non-violent 27%

Property Personal Violent 20% 61% 73%

ALABAMA SENTENCING COMMISSION, 2013 20 Most Frequent Felony Offense at Conviction

Possession of Controlled Substances convictions exceed convictions for Possession of Controlled other offenses for the previous five years by a substantial margin. Substance Convictions Outnumber Others

Figure 17.

Most Frequent Felony Offense at Conviction - Top 10 October 1, 2006 - September 30, 2011

Possession of Controlled Susbtance 23,408

Burglary 3rd 7,663

Theft of Property 2nd 6,065

Distribution of Controlled Substance 5,713

Theft of Property 1st 5,525

Possession Marihuana 1st 5,486

Poss Forged Instrument 2nd 3,890

Robbery 1st 2,808

Manufacturing Controlled Substance 2nd 2,599

Assault 2nd 2,279

21 Chapter 3: Sentencing Standards & Worksheets Compliance and Data

Most Frequent Felony Offense at Conviction - Top 25

The total number of defendants convicted of felony offenses fell (approximately 4 percent) in 2011. While continuing to be the most frequently convicted offense, the number of defendants convicted of Possession of a Controlled Substance dropped 14 percent from the previous fiscal year and Number of Offenders over 20 percent from the number convicted in 2009. Robbery convictions, Convicted of Possession of first, second, and third degrees, all decreased from previous levels. The a Controlled Substance has sale/possession of precursor chemicals appears in the Top 25 list for the Fallen Over 1,000 first time at position number 24. Offenders Since FY09

Figure 18.

Most Frequent Felony Offense at Conviction October 1, 2008 - September 30, 2011

FY09FY10 FY11 Possession of Controlled Substance 1 5,038 1 4,650 1 3,992 Burglary 3rd 2 1,618 2 1,667 2 1,765 Distribution of Controlled Substance 4 1,255 6 1,136 3 1,308 Theft of Property 2nd 3 1,348 3 1,236 4 1,258 Possession Marihuana 1st 5 1,197 5 1,174 5 1,190 Theft of Property 1st 6 1,190 4 1,201 6 1,108 Manufacturing Controlled Substance 2nd 10 478 7 834 7 874 Poss Forged Instrument 2nd 7 847 8 716 8 669 Robbery 1st 8 648 9 622 9 441 Breaking/Entering a Vehicle 11 421 12 390 10 426 Assault 2nd 9 481 10 506 11 422 Manufacturing Controlled Substance 1st 17 287 11 412 12 397 Receiving Stolen Property 2nd 14 340 13 380 13 394 Receiving Stolen Property 1st 13 358 16 317 14 342 Fraud/Illegal Use Debit/Credit Card 12 377 14 379 15 332 Obstruct Justice-False Identity 18 273 18 286 16 308 Trafficking Drugs 15 323 17 311 17 269 Robbery 3rd 16 303 15 331 18 257 Community Notification Act-Moving Notice 19 227 19 228 19 212 Murder 23 167 22 187 20 191 Robbery 2nd 21 201 20 201 21 181 Forgery 2nd 20 223 21 191 22 171 Burglary 2nd 25 155 24 145 23 164 Precursor Chemical - Sale/Poss 54 111 24 146 Assault 1st 22 193 23 160 25 144 Attempt - Possession of Controlled Substance 24 164 25 133 143

Top 25 Offenses 18,112 17,793 16,961

Other Offenses 3,072 3,053 3,046

Total Most Serious Felony Offense Convictions 21,184 20,846 20,007

ALABAMA SENTENCING COMMISSION, 2013 22 Type of Most Frequent Felony Offense at Conviction

The distribution of convictions by offense type remains nearly unchanged.

Figure 19.

Most Frequent Felony Offense at Conviction Offense Category October 1, 2008 - September 30, 2011

Convictions by Offense FY09 Type Remains Consistent Other 5% Personal 16%

Drugs 42% Property 37%

FY10 FY11

Other Other 5% Personal 5% Personal 16% 14%

Drugs Drugs 43% Property 43% Property 36% 38%

23 Chapter 3: Sentencing Standards & Worksheets Compliance and Data

Drug Convictions

The majority of felony drug convictions continue to be Possession of Controlled Substances and Possession of Marihuana convictions collectively.

Possession Convictions Figure 20. Constitute Majority of Drug Most Frequent Offense at Conviction Convictions Drug Offenses October 1, 2008- September 30, 2011

FY09 FY10 FY11 Possession of Controlled Substance 1 5,038 1 4,650 1 3,992 Distribution of Controlled Substance 3 1,255 3 1,136 2 1,308 Possession Marihuana 1st 2 1,197 2 1,174 3 1,190 Manufacturing Controlled Substance 2nd 4 478 4 834 4 874 Manufacturing Controlled Substance 1st 6 287 5 412 5 397 Trafficking Drugs 5 323 6 311 6 269 Precursor Chemical - Sale/Poss 8 54 8 111 7 146 Attempt - Possession of Controlled Substance 7 164 7 133 8 143

Top Drug Offenses 8,796 8,761 8,319

Other Drug Offenses 171 217 224

Total Drug Offenses 8,967 8,978 8,543

Type of Trafficking Convictions

Cocaine Trafficking The number of Trafficking convictions fell in 2011 primarily due to the Convictions Fall in 2011 decrease in the number of Cocaine Trafficking convictions.

Figure 21. Most Frequent Drug Trafficking Convictions Drug Type October 1, 2008 - September 30, 2011

FY09 FY10 FY11 Trafficking - Marihuana 88 94 89 Trafficking - Cocaine 116 105 73 Trafficking - Methamphetamine 58 41 51 Trafficking - Illegal Drugs 50 67 44 Other 11 4 12

Total Most Serious Felony Offense Convictions for Trafficking 323 311 269

ALABAMA SENTENCING COMMISSION, 2013 24 Prison Admissions - Top 25

Jurisdictional admissions to the Department of Corrections continue to Jurisdictional Admissions decrease for Possession Convictions, both of Controlled Substances and for Manufacturing Offenses Marihuana. Jurisdictional admissions for Manufacturing Controlled Continue Increase Substance Offenses continue to increase.

Figure 22. Prison Admissions for New Offenses October 1, 2008 - September 30, 2011

FY09 FY10 FY11 Possession of Controlled Substance 1 1,467 1 1,270 1 1,084 Distribution of Controlled Substance 2 845 2 794 2 832 Burglary 3rd 4 735 3 753 3 786 Robbery 1st 3 783 4 717 4 580 Theft of Property 1st 5 518 5 507 5 507 Manufacturing of Controlled Substance 2nd 11 240 7 378 6 428 Theft of Property 2nd 7 341 10 245 7 385 Poss Marihuana 1st 6 444 6 397 8 358 Manufacturing of Controlled Substance 1st 16 181 9 248 9 282 Trafficking Drugs 8 298 8 256 10 223 Murder 14 208 14 210 11 194 Assault 2nd 10 247 12 237 12 187 Robbery 3rd 9 259 13 218 13 181 Poss Forged Instrument 2nd 13 232 15 186 14 171 Breaking/Entering a Vehicle 12 238 11 241 T15 155 Receiving Stolen Property 1st 15 195 16 180 T15 155 Robbery 2nd 17 173 19 158 17 148 Manslaughter 21 119 22 118 18 131 Burglary 2nd 24 108 21 122 T19 126 Receiving Stolen Property 2nd 23 110 T25 84 T19 126 Community Notification Act Violations T18 169 17 164 21 106 Assault 1st T18 169 18 159 22 100 Burglary 1st 20 123 20 136 23 99 Rape 2nd 87 73 24 90 Poss Fraud Use of Credit/Debit Card 22 111 23 101 25 70 Forgery 2nd T25 84 Attempted Murder 25 93 24 88

Top 25 Offenses 8,406 8,051 7,504

Other Offenses 1,320 1,113 1,098

Total Prison Admissions for New Offenses 9,726 9,164 8,602

25 Chapter 3: Sentencing Standards & Worksheets Compliance and Data

Prison Admissions for New Offenses by Offense Category

Jurisdictional Admissions Offenders convicted of drug offenses continue to be largest category of Continue to Decrease jurisdictional prison admissions for new offenses.

Figure 23. Prison Admissions for New Offenses Offense Category October 1, 2008 - September 30, 2011

2,283 2,594 Personal 2,830

2,850 2,894 Property 3,065

3,247 3,397 Drug 3,553

222 265 FY11 Other 278 FY10

FY09

ALABAMA SENTENCING COMMISSION, 2013 26 Prison Admissions by Type of Admission

Figure 24. Prison Admissions by Type of Sentence Consistent Prison Admissions (all admissions) Type October 1, 2008 - September 30, 2011

FY09 Other 2%

Parole Probation Revoke Split 22% Sentence 42% Straight Sentence 34%

FY10 FY11

Other Other 2% 2%

Parole Parole Probation Probation Revoke Split Revoke Split 23% Sentence 23% Sentence 40% 41% Straight Straight Sentence Sentence 35% 34%

27 Chapter 3: Sentencing Standards & Worksheets Compliance and Data

Prison Releases - Top 25

Nearly one-third of all jurisdictional releases are Possession or Distribution of Controlled Substances and Burglary 3rd offenders.

Figure 25. Prison Releases October 1, 2008 - September 30, 2011

FY09 FY10 FY11 Possession of Controlled Substance 1 2,148 1 1,971 1 1,635 Burglary 3rd 3 957 3 986 2 1,053 Distribution of Controlled Substance 2 1,065 2 1,140 3 927 Theft of Property 1st 5 702 5 675 4 712 Robbery 1st 4 736 4 687 5 691 Poss Marihuana 1st 6 563 6 601 6 569 Theft of Property 2nd 7 432 7 401 7 532 Manufacturing of Controlled Substance 2nd T18 167 14 259 8 327 Robbery 3rd 13 295 10 315 9 297 Assault 2nd 10 324 13 289 10 295 Poss Forged Instrument 2nd 8 383 8 357 11 284 Trafficking Drugs 12 301 11 298 12 280 Receiving Stolen Property 1st 9 327 12 294 13 239 Breaking/Entering a Vehicle 11 313 9 321 14 233 Manufacturing of Controlled Substance 1st 25 128 16 178 15 213 Robbery 2nd 15 195 15 179 16 202 Burglary 2nd 21 165 24 148 17 173 Community Notification Act Violations 24 156 22 159 18 172 Murder 20 166 25 143 19 167 Receiving Stolen Property 2nd 17 173 17 177 20 164 Assault 1st T18 167 18 170 21 157 Burglary 1st 16 194 20 164 22 156 Forgery 2nd 23 158 23 150 23 121 Rape 2nd 120 102 24 117 Manslaughter 117 128 25 115 Felony DUI 14 251 21 160 106 Poss Fraud Use of Credit/Debit Card 22 161 19 169 84

Top 25 Offenses 10,446 10,391 9,831

Other Offenses 1,645 1,418 1,414

Total Prison Releases 12,091 11,809 11,245

ALABAMA SENTENCING COMMISSION, 2013 28 Prison Releases by Offense Category

Drug & Property Releases in 2011 Far Surpass Figure 26. Personal Releases Prison Releases Offense Category October 1, 2008 - September 30, 2011

2,766 Personal 2,711 2,825

4,054 Property 4,152 4,298

4,066 Drug 4,613 4,628

359 316 Other FY11 340 FY10 FY09

29 Chapter 3: Sentencing Standards & Worksheets Compliance and Data

Prison Releases by Type

Small Changes in Release Figure 27. Type Prison Releases Type of Release October 1, 2008 - September 30, 2011

FY09

Other 10% Parole 24%

EOS 33% Split Sentence 33%

FY10 FY11

Other Other 10% 11% Parole Parole 18% 22%

EOS EOS 33% 32% Split Split Sentence Sentence 36% 38%

ALABAMA SENTENCING COMMISSION, 2013 30 Prison Releases by Type

The Number of Releases by Type of Release Varies Figure 28. Monthly Prison Releases Type of Release October 1, 2008 - September 30, 2011

450

400

350

300

250 Parole Split 200

# of Releases EOS 150

100

50

0 Jul-11 Jul-10 Jul-09 Jan-11 Jan-10 Jan-09 Jun-11 Jun-10 Jun-09 Sep-11 Feb-11 Sep-10 Oct-10 Feb-10 Sep-09 Oct-09 Feb-09 Oct-08 Dec-10 Dec-09 Dec-08 Aug-11 Apr-11 Aug-10 Apr-10 Aug-09 Apr-09 Mar-11 Nov-10 Mar-10 Nov-09 Mar-09 Nov-08 May-11 May-10 May-09

Date of Release

31 Chapter 3: Sentencing Standards & Worksheets Compliance and Data

Prison Releases by Offense Category by Type

The Number of Split Figure 29. Sentence and EOS Releases Exceed Parole Prison Releases Releases Offense Category by Type October 1, 2006 - September 30, 2011

Parole Split EOS Other Total Personal 2007 779 931 701 289 2,700 2008 741 1,008 744 330 2,823 2009 655 1,069 778 323 2,825 2010 472 1,142 786 311 2,711 2011 476 1,208 786 296 2,766 3,123 5,358 3,795 1,549 13,825

Property 2007 739 1,298 1,415 400 3,852 2008 1,000 1,391 1,554 384 4,329 2009 1,044 1,293 1,556 405 4,298 2010 820 1,465 1,552 315 4,152 2011 613 1,440 1,668 333 4,054 4,216 6,887 7,745 1,837 20,685

Drugs 2007 755 1,637 1,558 293 4,243 2008 992 1,606 1,588 304 4,490 2009 1,154 1,564 1,615 295 4,628 2010 988 1,698 1,638 289 4,613 2011 778 1,574 1,400 314 4,066 4,667 8,079 7,799 1,495 22,040

ALABAMA SENTENCING COMMISSION, 2013 32 APPENDIX A

General Instructions I - Introduction A5

General Instructions II - Administrative Procedures A8

General Instructions III - When to Use the Standards and Completing the Worksheets A10

General Instructions IV - Completing Each Worksheet A18

Drug Offenses A22

Instructions - Drug Prison In/Out Worksheet A23

Drug Prison In/Out Worksheet A25

Instructions - Drug Prison Sentence Length Worksheet A26

Drug Prison Sentence Length Worksheet A28

Drug Prison Sentence Length Table A29

Property Offenses A32

Instructions - Property “A” Prison In/Out Worksheet A33

Property “A” Prison In/Out Worksheet A35

Instructions - Property “A” Prison Sentence Length Worksheet A36

Property “A” Prison Sentence Length Worksheet A38

Property “A” Prison Sentence Length Table A39

A 1 Appendix A A 2 Modifications to the Initial Voluntary Sentencing Standards (Presumptive Sentencing Recommendations for Non-Violent Offenses) ……. Adopted by the Alabama Sentencing Commission December 13, 2012 ……. Effective October 1, 2013

A 3 Appendix A A 4 I. GENERAL INSTRUCTIONS - Introduction

The Sentencing Standards1 – A Structured Sentencing System

Alabama’s Sentencing Standards consist of worksheets, instructions, and sentence length tables. The Standards were initially adopted as voluntary sentencing recommendations for Alabama’s most frequently sentenced offenses. In Act 2012-473, (ALA. CODE § 12-25-34.2)2, the Alabama Legislature changed the Standards for non-violent offenses as defined by ALA. CODE § 12-25-32(6) from voluntary to presumptive recommendations and directed the Alabama Sentencing Commission to make modifications as necessary to effect this change, including defining aggravating and mitigating circumstances that are required for sentencing departures from these recommendations. The primary modifications to the Initial Voluntary Sentencing Standards include defining a list of aggravating and mitigating factors for departures from presumptive sentencing recommendations, defining procedures for departure sentences, clarifying the initial instructions, and the addition of some non-violent offenses, along with higher sentence length ranges to accommodate historical sentencing practices for the additional offenses. The modifications must be used for sentencing events in which the most serious offense is subject to presumptive sentencing recommendations. The modifications made herein are not to be used when the most serious offense sentenced is a violent offense. The sentence recommendations for violent offenses, as defined in ALA. CODE § 12-25-32(14), including all burglaries, are unaffected by these changes and remain completely voluntary and non-appealable.

The Standards are:

• Developed by judges, prosecutors, defense lawyers, victim advocates, and other criminal justice officials in response to the legislative directive to recommend a more structured sentencing system in Alabama to address unwarranted disparity and prison overcrowding (reserving scarce prison resources for the most dangerous and violent offenders ALA. CODE § 12-25-2);

• Created from historical sentencing data reflecting the major factors considered in making sentencing decisions and the importance of those factors in sentencing;

• Developed to include the historical application of Alabama’s statutory sentence enhancements and mandatory minimums, except mandatory sentences of life without parole and sex offenses against children under the age of 12;

• Designed to mimic the two decisions in criminal sentencing – where and how the sentence is served, prison or non-prison (disposition), and the length of the sentence (duration);

• Expected to be followed in the vast majority of covered cases, leaving flexibility with judges to sentence higher or lower as appropriate in covered cases;

• Designed to preserve bedspace for violent offenders in prison and to provide more predictability in forecasting correctional populations; and

• Non-appealable, except departure sentences from presumptive recommendations for non-violent offenses are subject to limited appellate review as directed by ALA. CODE § 12-25-34.2(c).

1 Hereinafter referred to as “Standards”, referencing the Standards’ worksheets, instructions, and sentence length tables. 2 All references to ALA. CODE are to ALA. CODE (1975, as amended).

A 5 In addition, the Standards:

o Cover many of the most frequently sentenced felony offenses representing the vast majority of sentenced cases as well as the inchoate offenses of attempts, conspiracies, and solicitations for certain covered drug offenses;

o Standardize sentence recommendations for more informed and uniform sentencing practices and the elimination of unwarranted disparity;

o Allow judges to retain significant discretion in arriving at sentencing decisions as required by ALA. CODE § 12-25-2(a)(5);

o Encourage the use of probation and community correction programs for supervising appropriate non-violent offenders;

o Are not applicable to convictions requiring a mandatory life without parole sentence or to sex offenses involving a child victim under the age of 12 years; and

o Contain presumptive sentencing recommendations for non-violent offenses and voluntary sentencing recommendations for violent offenses.

The Standards consist of three sets of worksheets and corresponding prison sentence length tables, with instructions for completing each. Each covered offense has been classified into either the drug, property, or personal worksheets.

Each set of worksheets has two components: a prison In/Out worksheet that recommends a sentence disposition and a Prison Sentence Length worksheet that recommends a sentence length range from which a sentence is chosen. The recommendations for personal offenses remain voluntary. The property offenses are subdivided into two subsets to include two types of property offenses. The first property subset, still designated as “Property”, contains the felony burglary offenses and those recommendations remain voluntary. The second property subset, now designated as “Property A”, contains all other covered property offenses and those recommendations, along with the recommendations for covered drug offenses, become presumptive for applicable cases sentenced on or after October 1, 2013. Each type of worksheet relies on a separate sentence length table providing recommended sentence ranges based on the Prison Sentence Length Worksheet score from which the final sentence is selected unless a departure sentence is imposed.

The Standards also include a list of aggravating and mitigating factors upon which a sentence that departs from the presumptive Standards recommendations must be based.

For the purposes of implementing presumptive recommendations for non-violent offenses, the Legislature adopted the following definitions as provided in ALA. CODE §12-25-34.2.

“(1) AGGRAVATING FACTORS. Substantial and compelling reasons justifying an exceptional sentence whereby the sentencing court may impose a departure sentence above the presumptive sentence recommendation for an offense. Aggravating factors may result in dispositional or sentence range departures, or both, and shall be stated on the record by the court.

(2) DEPARTURE. A sentence which departs from the presumptive sentence recommendation for an offender.

Appendix A A 6 (3) DISPOSITION. The part of the sentencing courts presumptive sentence recommendation other than sentence length.

(4) DISPOSITIONAL DEPARTURE. A sentence which departs from the presumptive sentence recommendation for disposition of sentence.

(5) MITIGATING FACTORS. Substantial and compelling reasons justifying an exceptional sentence whereby the sentencing court may impose a departure sentence below the presumptive sentence recommendation for an offense. Mitigating factors may result in disposition or sentence range departures, or both, and shall be stated on the record by the court.

(6) NONVIOLENT OFFENSES. As defined in §12-25-32.

(7) PRESUMPTIVE SENTENCE RECOMMENDATION. The recommended sentence range and disposition provided in the sentencing Standards.

(8) SENTENCE RANGE. The sentencing court’s discretionary range of length of sentence as provided and recommended in the presumptive sentencing recommendation.

(9) SENTENCE RANGE DEPARTURE. [Durational Departure] A sentence which departs from the presumptive sentence recommendation as to the sentence range.

(10) VIOLENT OFFENSES. As defined in Section 12-25-32.”

A 7 II. GENERAL INSTRUCTIONS - Administrative Procedures

Responsibility for Completing Worksheets

Pursuant to ALA. CODE §12-25-35(a), the worksheets shall be completed by any person designated by the trial court judge including the prosecutor, a probation officer, or any other person. The sentencing judge has the final responsibility for ensuring the worksheets are (1) completed for the most serious offense of conviction and reflect the appropriate worksheet factors, (2) considered by the court, and (3) sent to the court clerk to forward to the Alabama Sentencing Commission.

Responsibilities of Worksheet Preparer

The worksheet preparer obtains the necessary information needed to complete the worksheet; totals the scores; and determines the recommended disposition and sentence length ranges based on the worksheet scores; distributes the worksheets to the appropriate parties; and presents the completed worksheets to the sentencing judge.

Worksheet Distribution

A copy of the completed sentencing worksheets must be presented to the prosecutor, the defendant and/or his attorney, and the sentencing judge prior to sentencing. ALA. CODE § 12-25-35 (d)

Worksheets should not be submitted to the Sentencing Commission until the final sentence (length and disposition) is imposed (i.e. probation hearing is not pending).

Use of the Worksheets by the Sentencing Judge

Prior to sentencing, the trial court shall review the Standards worksheets. In imposing sentence, the court shall indicate on the record that the applicable Standards, along with any aggravating and mitigating circumstances, have been reviewed and considered. § 12-25-35 (b)

After sentencing, the sentencing judge shall sign or initial the completed worksheets and file the completed worksheets, the sentencing order, and if applicable, the reasons for departure with the court clerk to include in the record in the case.

Appendix A A 8 Responsibilities of the court clerk

The clerk of the court shall forward a copy of the final sentencing order or orders including, if applicable, the reasons for departure and a copy of the completed Standards worksheets prepared in the case to the Alabama Sentencing Commission within 45 days after the imposition of sentence, as required by ALA. CODE §12-25-35 (b). These documents must be sent in paper form3 by either:

E-mail: [email protected]; Fax: (334) 954-2124; US mail: Alabama Sentencing Commission 300 Dexter Avenue Suite 2-230 Montgomery, AL 36104-3741

Judicial Disagreement with Worksheet Scoring and Instructions

To comport with the Standards, the sentence(s) must be imposed according to the appropriate Instructions.

3 For purposes of this requirement, an ALAVAULT document is considered a paper document.

A 9 III. GENERAL INSTRUCTIONS – When to use the Standards and Completing the Worksheets

Covered Offenses The following offenses are covered by the Standards unless the conviction carries a mandatory life without parole sentence or is a sex offense involving a child victim under 12 years of age.

Personal Worksheets Property Worksheets Drugs Worksheets

Assault I Burglary I Felony DUI §13A-6-20 §13A-7-5 § 32-5a-191(h)

Assault II Burglary II Manufacturing Controlled Substance I §13A-6-21 §13A-7-6 § 13A-12-218 (includes attempts, conspiracies, and solicitations) Manslaughter Burglary III §13A-6-3 §13A-7-7 Manufacturing Controlled Substance II § 13A-12-217 (includes attempts, Murder Property A Worksheets conspiracies, and solicitations) §13A-6-2 Forgery II Possession of Controlled Substance Rape I §13A-9-3 § 13A-12-212 (includes attempts, §13A-6-61 conspiracies, and solicitations) Possession of a Forged Instrument II Rape II §13A-9-6 Possession of Marihuana I §13A-6-62 § 13A-12-213 (includes attempts, Receiving Stolen Property I conspiracies, and solicitations) Robbery I §13A-8-17 §13A-8-41 Possession with Intent to Receiving Stolen Property II Distribute Controlled Substance Robbery II §13A-8-18 § 13A-12-211(c) (includes attempts, §13A-8-42 conspiracies, and solicitations) Theft of Property I Robbery III §13A-8-3 Sale/Distribution of Marihuana §13A-8-43 (other than to minor) Theft of Property II § 13A-12-211 (includes attempts, Sodomy I §13A-8-4 conspiracies, and solicitations) §13A-6-63 Unauthorized Use/Break & Enter Vehicle Sale/Distribution of Schedule I-V Sodomy II §13A-8-11 (a)(4) & (b) (other than to minor) §13A-6-64 § 13A-12-211 (includes attempts, Unlawful Possession/Use Credit/Debit Card conspiracies, and solicitations) §13A-9-14

Appendix A A 10 Worksheets are Offense Specific

Worksheets should be completed only for worksheet offense convictions. Worksheets are not intended to provide guidance when sentencing similar crimes. The factors on the worksheets have been statistically derived specifically for the covered offenses and may or may not be statistically significant in predicting sentencing outcomes for other offenses not included in a worksheet sentencing event.

Sentencing Event

A sentencing event includes all convictions sentenced at the same time, whether included as counts in one case or in multiple cases, regardless of whether offenses are worksheet offenses.

The Most Serious Offense

Worksheets must be completed and considered when the “most serious offense” at a sentencing event is a worksheet offense in the same venue. Convictions occurring in different counties or venues constitute separate sentencing events.

Determining the Most Serious Offense at a Sentencing Event - Four Rules

Rule 1. Where two or more offenses at the same sentencing event are the same offense type covered by the same worksheet, the most serious offense is the offense with the highest number of points shown on the corresponding Prison Sentence Length Worksheet.

Rule 2. Where two or more offenses at the same sentencing event are covered by different worksheets, the most serious offense is the offense with the highest number of points shown on the applicable Prison Sentence Length worksheets. The preparer may complete all applicable worksheets and select the offense that results in the most severe penalty.

Example: • If a defendant is being sentenced for Forgery II (44 points on the property Prison Sentence Length worksheet) and Sale/Distribution of Marihuana (84 points on the drug Prison Sentence Length worksheet) at the same sentencing event, the worksheet preparer should first complete the Drug Sentencing Worksheets to determine the recommended sentencing outcome. This is because Sale/Distribution of Marihuana has the highest point value as reflected on the Drug Sentence Length Worksheet. Then, the preparer could elect to score Forgery II as the primary offense on the property worksheets to determine which sentencing outcome would be most appropriate in this particular case.

Rule 3. Where a sentencing event includes both a worksheet offense and a non-worksheet offense and both carry the same statutory maximum penalty as governed by the felony offense classification, the worksheet offense is the most serious offense. The other offense should be scored as an additional offense where appropriate.

Example: • If a defendant is sentenced for Criminal Mischief I and Theft of Property II (both having a statutory maximum penalty of 120 months) at the same event, the worksheet preparer should score the property worksheets for Theft of Property II as the most serious offense. This is because Theft of Property II is covered by the worksheets and Criminal Mischief I is not.

A 11 Rule 4. Where a sentencing event includes both a worksheet offense and a non-worksheet offense and the non-worksheet offense has a higher statutory maximum penalty as governed by the felony offense classification, the non-worksheet offense is the most serious offense and the Standards are not applicable to the convictions in that sentencing event.

Completing the In/Out Worksheet and the Prison Sentence Length Worksheet

Both the In/Out Worksheet and the Prison Sentence Length Worksheet applicable to the sentencing event must be completed.

Rules for Scoring Prior Records

Date of Prior Records - Prior records are to be scored based on convictions, juvenile delinquency and/or youthful offender adjudications occurring before the arrest date(s) of the offense(s) sentenced.

Ambiguous Prior Records - If an ambiguous entry on a prior record document cannot be resolved, the worksheet preparer should treat the information in a way that gives the benefit of the doubt to the offender. If any prior record disposition information is missing, the worksheet preparer should assume that no conviction occurred.

Burden and Manner of Proving Prior Records - In the event of a dispute, the burden of proving the prior record is on the prosecutor. For purposes of proving in-state prior convictions, any official court document – whether automated or hard copy – shall be sufficient for meeting the burden of proof requirement. When meeting the burden of proof for out-of-state convictions, certified copies of official court records shall be sufficient evidence. Out-of-state records need not be exemplified.

Prior Nolo Contendere Dispositions – Matters disposed of by pleas of nolo contendere or “no-contest” should be counted as prior convictions for worksheet purposes. In addition, any incarceration resulting from a plea of nolo contendere should be counted in the appropriate places on the worksheets.

Effect of Pardons – In the event a defendant has received a pardon for innocence, the conviction for which he or she received the pardon should be excluded when scoring prior convictions. Convictions resulting in all other pardons – e.g. those to restore voting rights – should not be excluded when scoring prior convictions.

Prior Misdemeanor or Violation Convictions – All criminal convictions should be counted. Traffic convictions do not count except: Driving Under the Influence, Boating Under the Influence, Leaving the Scene of an Accident, Attempting to Elude Law Enforcement, Driving Without a License, and Driving While License is Suspended or Revoked.

Prior DUI Convictions – All felony and misdemeanor DUI convictions occurring before the arrest date for the current offense should be counted as priors, even when the worksheets are being completed for Felony DUI.

Prior Incarceration – Any unsuspended incarceration resulting from a final sentence or adjudication including criminal convictions, and youthful offender and juvenile delinquency adjudications, or as the result of a nolo contendere disposition. Prior incarcerations do not include incarcerations resulting from probation, parole, or community corrections revocation, which are counted as a separate worksheet factor.

Appendix A A 12 Time for Completing Worksheets and Determining Recommendations

Worksheets must be completed prior to the imposition of sentence in sufficient time for review by all parties and the sentencing judge.

In pre-trial diversion cases and “specialty” court (including drug court, mental health court, veterans’ court, etc.) cases, worksheets are not required until a sentence is imposed. Some courts impose a sentence as soon as an offender enters drug court. In these courts, worksheets are required to be completed “up front.” In other courts, sentencing does not occur unless the offender “flunks out” of the drug court program. In these courts, the worksheets must be filled out prior to sentencing.

Sentence Lengths

A sentence comports to the Standards when the sentence conforms to the recommendation on the In/Out Worksheet and the sentence length is chosen from the recommended sentence ranges on the Prison Sentence Length Tables, including, where prison is recommended, and a split sentence is imposed, the split portion of the sentence is not suspended and both the total sentence and the incarceration portion of the split conform to the recommendations on the sentence length tables.

A sentence that does not conform to the Standards, as set out above, is a departure sentence and may be entered only upon a finding of aggravating and/or mitigating factors that justify a departure from the presumptive sentence recommendations. Sentence length departures are governed by existing law and must be sentenced completely under existing law regarding length of sentence, independent of the Standards recommendations.

If a score on the Prison Sentence Length Worksheet falls between two scores listed on the Sentence Length Table, select the lower of the two scores to determine the recommended sentence range from which the sentence is chosen.

If a score on the Prison Sentence Length Worksheet is higher than any score listed on the Sentence Length Table, the sentencing event must be sentenced under existing law independent of the Standards.

When choosing a sentence from the recommended sentence range, the sentence chosen must not be less than the statutory sentences specified in ALA. CODE § 13A-5-6(a)(1)-(3), provided, however, the minimum sentence may still be “split” pursuant to ALA. CODE § 15-18-8, as specified in the instructions relating to the imposition of sentence. • For a Class A felony, the minimum sentence imposed must be at least 120 months.

• For a Class B felony, the minimum sentence imposed must be at least 24 months.

• For a Class C felony, the minimum sentence imposed must be at least 12 months and 1 day.

A recommended sentence of 13 months includes any portion of the 13th month, i.e. 12 months and 1 day.

Judge’s Colloquy in Guilty Pleas

The court’s obligation to advise the defendant as to the statutory range of punishment prior to accepting a guilty plea is not affected by the Standards. However, where a departure sentence is sought, an additional colloquy may be required.

A 13 Imposition of Sentence

A sentence comports to the Standards when the sentence conforms to the recommendation on the In/Out Worksheet and the sentence length is chosen from the recommended sentence ranges on the Prison Sentence Length Table.

Once a sentence has been selected from the recommended Prison Sentence Length Table, the sentencing judge may determine how that sentence shall be imposed for that sentencing event. The total or aggregate sentence for the sentencing event cannot exceed the sentence selected for the most serious offense.

Example: If a defendant is sentenced for three Class B felonies at one sentencing event and the chosen sentence is 120 months (10 years), the following is a non-exclusive list of examples of sentences the judge may impose: • 120 months for each conviction to run concurrently = 120 months; • 40 months for each conviction to run consecutively = 120 months; or • one 60 month sentence and two 30 month sentences to run consecutively = 120 months.

In the above example, unless there is a departure, no combination of sentences can exceed 120 months for all cases or counts, for both covered and non-covered offenses.

A split sentence conforms to the Standards if the total sentence imposed and the length of the “split” fall within the statutory ranges specified in ALA. CODE §15-18-8 and the recommended sentence ranges provided in the Prison Sentence Length Table. Where the In/Out worksheet recommendation is “Prison” and a split sentence is imposed, the incarceration portion of the “split” cannot be suspended and comport with the Standards. The incarceration portion of the split must be served either in community corrections, if otherwise eligible, or in the actual custody of the Alabama Department of Corrections.

An unsuspended sentence to prison that results in actual incarceration (in a ADOC facility or a facility under contract to ADOC) is considered a “prison” sentence and does not conform to a “non-prison” recommendation under the Standards. A sentence conditioned on completing a program in the Department of Corrections includes an “unsuspended” sentence to prison and therefore does not comply with a “non-prison” recommendation. A sentence to community corrections is considered to conform to either a “prison” or “non-prison” recommendation.

A “reverse split” sentence is considered a “non-prison” sentence and does not conform to a “prison” recommendation under the Standards.

Examples of non-prison and prison dispositions

Non-prison Prison (unsuspended sentence) Probation Department of Corrections (prison) Community Corrections Community Corrections County Jail / Work Release Split to serve incarceration in Reverse Split ADOC or Community Corrections Split sentence with a suspended split

Appendix A A 14 Departure Procedures

1. In General – Departures Should be Rare - The Standards are designed to provide appropriate recommendations for sentences in covered cases and are presumptive for non-violent covered offenses as defined in ALA. CODE §12-25-32. However, in exceptional cases, upon a finding of aggravating and/or mitigating factors, the sentencing court may depart from either a dispositional or durational sentence recommendation or from both. Departure sentences should be rare, with the court following the presumptive recommendation in the vast majority of sentenced cases.

2. Two Decisions - The disposition and the duration of sentence are two separate decisions requiring separate, although not necessarily different, aggravating and/or mitigating factors for each departure.

3. Consideration of Aggravating and Mitigating Factors - The Court must consider all aggravating and/or mitigating factors proven for a sentencing event, but the decision to depart from the presumptive sentence recommendation is in the discretion of the court.

• Recognized aggravating and mitigating factors are provided below. • Worksheet scoring factors for the most serious offense may not be used as aggravating factors for the sentencing event. • A necessary element of the most serious offense may not be used as an aggravating factor for the sentencing event.4

4. Burden of Proof – Aggravating Factors - The prosecutor bears the burden of proving beyond a reasonable doubt that an aggravating factor exists. The defendant is entitled to a jury trial on the existence of any aggravating factor, unless the aggravating factor is admitted by the defendant or both the defendant and the prosecutor waive a jury determination and request the judge alone to decide. It is within the discretion of the trial court whether to bifurcate the trial and sentencing phase of a covered case.

5. Burden of Proof – Mitigating Factors - The defendant bears the burden of proving by a preponderance of the evidence that a mitigating factor exists. A jury is not required to determine the existence of a mitigating factor.

6. Notice – Aggravation - The prosecutor shall give the defendant notice of aggravating factors no less than seven (7) days before trial. Once given, notice is deemed sufficient for any future trial settings. For good cause shown, notice may be given at any time with the consent of the trial court, provided the defendant is given an opportunity to research and rebut the aggravating factor. Notice can be waived.

7. Notice Requirements - Mitigation - The defendant shall give the prosecutor notice of mitigating factors no less than seven (7) days before sentencing. Once given, notice is deemed sufficient for any future sentencing settings. For good cause shown, notice may be given at any time with the consent of the trial court, provided the prosecutor is given an opportunity to research and rebut the mitigating factor. Notice can be waived.

4 Some worksheet offenses may be committed in multiple ways. For instance, Unlawful Manufacture of a Controlled Substance in the first degree must have a combination of two of seven identified elements. If a third of the seven elements is proven beyond a reasonable doubt and is an aggravating factor, the use of that element as an aggravating factor is not precluded.

A 15 8. Stating Reasons for Departure - The aggravating and/or mitigating factors found as reasons for any departure must be stated in the written sentencing order, even if the departure sentence is the result of a plea agreement and the parties have agreed to the existence of the aggravating and/or mitigating factors.

Aggravating and Mitigating Factors

A departure sentence requires an aggravating and/or mitigating factor to be proven. The following is a list of factors that may justify a departure from the Standards.

Mitigating Factors

• The defendant’s participation in the crime was relatively minor or the defendant acted under extreme duress or under the substantial domination of another person.

• At the time of the offense, the defendant was under the influence of extreme mental or emotional disturbance.

• The defendant’s age or capacity to appreciate the criminality of his conduct or to conform his conduct to the requirements of law at the time of the crime significantly reduced the defendant’s culpability at the time the offense was committed.

• The defendant has made substantial or full restitution to the victim(s).

• The defendant has provided substantial assistance in the investigation or prosecution of another person who is alleged to have committed an offense.

• The defendant has received an honorable discharge from the United States armed forces.

• The defendant has been a person of good character or has a good reputation in the community in which the defendant lives.

• The defendant has entered and is currently involved in or has successfully completed a drug treatment program or an alcohol treatment program subsequent to arrest and prior to trial.

• The defendant has a strong positive support system in the community or has exhibited a positive employment history.

• Any other “mitigating factor” reasonably related to the purposes of sentencing.

Appendix A A 16 Aggravating Factors

• The crime involved multiple participants in the criminal conduct, and the defendant played a major role in the crime as the leader, organizer, recruiter, manager, or supervisor.

• The offense was committed for the benefit of, or at the discretion of, any streetgang as defined in ALA. CODE 13A-6-26(a), with the specific intent to promote, further, or assist in criminal activity by streetgang members.

• The defendant was hired or paid to commit the offense.

• The defendant held public office at the time of the offense and the offense was related to the conduct of the office.

• The offense involved a fiduciary relationship, including a domestic relationship, which existed between the defendant and victim.

• The victim was particularly vulnerable due to age, infirmity, or reduced physical capacity that was known or should have been known to the defendant.

• The defendant was incarcerated, on pretrial release, on probation or parole, or serving a community corrections sentence at the time the crime was committed, or otherwise under sentence of law.

• The offender being 18 or more years of age employs, hires, uses, persuades, induces, entices, or coerces an individual under 16 years of age to assist in the crime or to assist in avoiding detection or apprehension.

• The offense involved an attempted or actual taking or receipt of property of great monetary value or damage causing great monetary loss to the victim(s).

• The offense involved a high degree of sophistication or planning, occurred over a lengthy period of time, involved multiple victims, or involved a single victim victimized more than once.

• The commission of the offense created a substantial risk to human health or safety or a danger to the environment.

• The defendant exposed a child under 17 years of age to criminal conduct and/or endangerment.

• The defendant was motivated by the victim’s actual or perceived race, color, religion, national origin, ethnicity, sexual orientation, or physical or mental disability to commit the offense.

• The defendant used the identity of another person without authorization to commit the crime.

• Any other “aggravating factor” reasonably related to the purposes of sentencing.

A 17 IV. GENERAL INSTRUCTIONS - Completing Each Worksheet

Because of the multiple ways in which sentencing occurs in Alabama, there is no requirement concerning which worksheet is completed first. It is suggested, however, the preparer first complete the case information at the top of the In/Out Worksheet and the Sentence Length Worksheet.

PRISON IN/OUT WORKSHEET

Step A - Complete the case information at the top of the In/Out Worksheet. Please print.

Defendant – fill in the defendant’s name as it appears in the court case file. Case No. – fill in the case number for the most serious offense for the sentencing event. Include the county of conviction, circuit court (CC) or district court (DC), year of filing, and the case number. (e.g., 38-CC-2014-659) Judge – fill in the name of the judge presiding over sentencing in the case. Prosecutor – fill in the name of the prosecutor at this sentencing event. Probation Officer – fill in the name of the probation officer assigned to this case. Defense Attorney – fill in the name of the attorney representing the defendant at sentencing, or if more than one attorney, the lead attorney in the case. Worksheet Preparer, Title – fill in the name and the title of the worksheet preparer. List Additional Cases Sentenced for this Event – If there are two or more cases sentenced at this sentencing event, fill in the case numbers for the additional cases. Also include additional counts by listing the specific additional convicted offenses.

Defendant ______Case No. ______Judge ______Prosecutor______Probation Officer ______Defense Attorney______Worksheet Preparer, Title______List Additional Cases Sentenced for this Event ______

Step B – Complete the Sentencing Factors Section. See the instructions for each worksheet.

Step C – Prison In/Out Worksheet Recommendation:

1. Total the scores from the Sentencing Factors Section and record the total score in the Total Score box. 2. Circle the recommendation (non-prison or prison) that conforms to the total score. A sentence disposition under the Standards must conform to the Prison In/Out recommendation unless a sentence disposition departure is entered.

Drug In/Out Recommendation (Presumptive Disposition) Total Score

1-7 points: Non-Prison 8 or more points: Prison

Property A In/Out Recommendation (Presumptive Disposition) Total Score

8-14 points: Non-Prison 15 or more points: Prison

Appendix A A 18 Step D – After sentencing, if the judge departs from the In/Out worksheet recommendation, the judge must enter the reason for departure in the sentencing order.

PRISON SENTENCE LENGTH WORKSHEET

Step A - Complete the case information at the top of the Prison Sentence Length Worksheet.

Defendant – fill in the defendant’s name as it appears in the court case file. Case No. – fill in the case number for the most serious offense for the sentencing event.

Step B – Complete the Sentencing Factors Section. See the instructions for each worksheet.

Step C - Prison Sentence Length Worksheet Recommendation:

1. Total the scores from the Sentencing Factors Section and record the total score in the Total Score box. 2. Go to the Prison Sentence Length Range table and select the sentence ranges that conform to the total score. 3. Record the recommended ranges on the Prison Sentence Length Worksheet.

Step C1 See Prison Sentence Length Table Total Score

Step C3 Presumptive Sentence Range ___ to ___ (straight) ___ to ___ (split)

Judge’s Signature/Initial ______

A 19 PRISON SENTENCE LENGTH RANGES FOR WORKSHEET

This table contains recommended sentence length ranges from which a specific sentence that comports with the Standards is chosen.

The table is divided into three sections or column groups.

1. The first column is a list of scores corresponding to the “Total Score” from the Sentence Length Worksheet. 2. The next three columns (Total Sentence) list the recommended sentence ranges from which a sentence may be chosen. 3. The last three columns (Time to Serve on Split) provide the recommended sentence ranges for the incarceration portion of a split sentence in the event the judge chooses to impose a split sentence.

Total Sentence Time to Serve On Split Score Low Mid High Low Mid High 32 13 18 23 6 9 12 37 13 22 31 6 9 12 39 13 22 31 6 9 12 42 13 22 31 6 9 12 44 13 22 31 6 9 12 45 13 22 31 6 9 12 46 13 22 31 6 9 12 47 13 22 31 6 9 12 49 14 23 31 6 9 12 51 14 23 31 6 9 12 52 14 27 38 6 9 12 53 14 27 38 6 9 12 54 14 27 38 6 9 12 55 14 27 38 6 9 12 56 14 31 46 6 9 12 57 14 31 46 6 9 12 58 14 31 46 6 9 12

This table is not intended to encourage or discourage the use of split sentences. The use of split remains a matter entirely within the discretion of the sentencing judge.

Step A - Find the score on the sentence length tables that matches the total score on the prison sentence length worksheet. If no match is found, select the next lowest score corresponding to the Total Score on the Prison Sentence Length Worksheet.

If the worksheet score exceeds the highest score on the Sentence Length Table, the sentencing event is no longer a worksheet event, the Standards are not applicable, and the defendant must be sentenced under existing law. In this event, the worksheets, along with the sentencing order still must be made a part of the record and filed with the court clerk to be forwarded to the Alabama Sentencing Commission to show why the sentencing event is independent from the Standards.

Step B – Identify the recommended sentence range for that score in “Total Sentence” columns.

Appendix A A 20 Step C - Identify the recommended sentence range for the incarceration portion of a split sentence from the “Time to Serve on Split” columns.

Step D - Record the recommended sentence ranges on the Prison Sentence Length Worksheet.

Step E – After sentencing, if the judge departs from the Prison Sentence Length Worksheet recommendation, the judge must enter the reason for departure in the sentencing order.

Final Step - File the completed worksheets (Prison In/Out and Prison Sentence Length) with the court clerk. After final sentencing, the court clerk shall forward a copy of the completed worksheets and a copy of the final sentencing order to the Alabama Sentencing Commission.

Alabama Sentencing Commission 300 Dexter Avenue Suite 2-230 Montgomery, AL 36104-3741 Fax: (334) 954-5201 email: [email protected]

A 21 The Drug offenses listed below are covered by the Sentencing Standards subject to Presumptive Sentencing Recommendations.

Most Serious Offense at Conviction Ranking

Manufacturing Controlled Substance I (includes attempts, conspiracies, and solicitations) § 13A-12-218 286 points

Sale/Distribution of Schedule I-V (other than to minor) (includes attempts, conspiracies, and solicitations) § 13A-12-211 113 points

Manufacturing Controlled Substance II (includes attempts, conspiracies, and solicitations) § 13A-12-217 105 points

Possession with Intent to Distribute a Controlled Substance (includes attempts, conspiracies, and solicitations) § 13A-12-211(c) 105 points

Sale/Distribution of Marihuana (other than to minor) (includes attempts, conspiracies, and solicitations) § 13A-12-211 84 points

Possession of a Controlled Substance (includes attempts, conspiracies, and solicitations) § 13A-12-212 71 points

Felony DUI § 32-5a-191(h) 42 points

Possession of Marihuana I (includes attempts, conspiracies, and solicitations) § 13A-12-213 42 points

Appendix A A 22 INSTRUCTIONS - - Drug Prison In/Out Worksheet

1. Case Information Section Complete prior to sentencing. See the General Instructions to complete this section.

2. Sentencing Factors Section Complete prior to sentencing.

3. Most Serious Conviction Offense - Following the general instructions, the preparer should select only the most serious offense being sentenced at the current sentencing event. Where two or more offenses have the same score, circle the specific offense scored as the most serious conviction offense on this worksheet. The preparer should enter the number of points assigned to the most serious offense.

4. Number of Prior Adult Felony Convictions - Count all felony convictions that occurred prior to the arrest date(s) of the offense(s) being sentenced at the current sentencing event.

5. Number of Prior Adult Convictions for Misdemeanors or Violations - Count all criminal convictions for misdemeanor offenses or violations that occurred prior to the arrest date(s) of the offense(s) being sentenced at the current sentencing event. Only include the serious traffic offenses of (1) DUI, (2) BUI, (3) Leaving the Scene of an Accident, (4) Attempting to Elude, (5) Driving without a License or (6) Driving while License is Suspended or Revoked.

6. Prior Incarceration with Unsuspended Sentence Imposed of 1 Year or More - Count prior prison, jail, Department of Corrections/community corrections, and YO or Juvenile Delinquency sentences where the non-suspended time imposed was one year or greater. Count only sentences that occurred prior to the arrest date(s) of the offense(s) being sentenced.

7. Prior Probation or Parole Revocation - Count prior probation or parole revocations that occurred prior to the arrest date(s) of the offense(s) being sentenced at the current sentencing event. Only felony probation revocations should be scored.

8. Number of Prior Juvenile Delinquency or Youthful Offender Adjudications - Count all juvenile delinquency and Youthful Offender adjudications that occurred prior to the arrest date(s) of the offense(s) being sentenced at the current sentencing event. Note: use the definition for misdemeanors or violations as set out in factor #5.

9. Possession/Use of a Deadly Weapon or Dangerous Instrument - Count this factor if there was a connection (other than the mere possession of a weapon) between the presence of a deadly weapon (or dangerous instrument) and the commission of any offense(s) being sentenced at the current sentencing event. This factor should not be counted if the deadly weapon or dangerous instrument is merely “loot” or proceeds of a sale. For the purpose of completing the worksheets, a deadly weapon or dangerous instrument shall be defined pursuant to Sections 13A-1-2 and 13A-11-72.

10. Recommendation Section Total Score - Prior to sentencing, total the scores from the Sentencing Factors Section.

11. Non-Prison: 1-7 Points Circle “non-prison” as the sentence disposition recommendation. Several examples are given in the General Instructions for non-prison sentence options. These examples are not given to limit the recommendation but

A 23 merely as a guide to some available sentences. The examples are not intended to establish any new sentence types.

12. Prison: 8 or more points Circle “prison” as the sentence disposition recommendation. Several examples are given in the General Instructions for prison sentence options. These examples are not given to limit the recommendation but merely as a guide to some available sentences. The examples are not intended to establish any new sentence types.

After sentencing, the completed worksheet must be filed with the court clerk and made a part of the record. The court clerk shall forward a copy of this worksheet and the Prison Sentence Length worksheet, along with a copy of the Court’s final Sentencing Order, to the Alabama Sentencing Commission.

Departure Sentences

If the recommended disposition is not followed, refer to the General Instructions III for procedures relating to departure sentences and requiring the finding of aggravating and/or mitigating circumstances.

Appendix A A 24 Drug Prison In/Out Worksheet Eff.10-1-2013 Defendant ______Case No. ______Judge ______Prosecutor ______Probation Officer ______Defense Attorney ______Worksheet Preparer, Title______Additional Cases______

Most Serious Conviction Offense Please circle one offense

Possession of Marihuana or Controlled Substance………1 Sale/Distribution of Marihuana (other than to minor)…..…………. 6 A/S/C Possess Marihuana or Controlled Substance…….. 1 A/S/C Sale/Distribute Marihuana (other than to a minor)………… 6 Felony DUI……………………………………………………. 4 Sale/Distribution of Schedule I-V (other than to minor)……………6 Possess with Intent to Distribute Controlled Sub………… 5 A/S/C Sale/Distribution of Schedule I-V (other than to a minor)… 6 A/S/C Possess with Intent to Distribute Controlled Sub.…5 Manufacturing Controlled Substance 1st.……………………………8 Manufacturing Controlled Substance 2nd ………………….5 A/S/C Manufacturing Controlled Substance 1st…………………….8 A/S/C Manufacturing Controlled Substance 2nd …………. 5

*A/S/C = Attempt/Solicitation/Conspiracy Score

Number of Prior Adult Felony Convictions

None 0 1 2 2 3 3 5 4 6 5 or more 7 Score Number of Prior Adult Convictions for Misdemeanors or Violations

0-1 0 2-5 1 6-9 2 10 or more 3 Score

Prior Incarceration with Unsuspended Sentence Imposed of 1 Year or More

If Yes 3 Score

Prior Felony Probation or Parole Revocation

If Yes 1 Score

Number of Prior Juvenile Delinquency or YO Adjudications (Violation/Misd/Felony) 0 0 1-2 1 3-4 2 5 or more 3 Score

Possession/Use of a Deadly Weapon or Dangerous Instrument

If Yes 2 Score

Presumptive Disposition Total Score

1-7 points: Non-Prison 8 or more points: Prison

The final sentencing order (after grant or denial of probation) must be attached. A25 INSTRUCTIONS - - Drug Prison Sentence Length Worksheet

The Case Information and Sentencing Factors section of this worksheet must be completed prior to sentencing.

1. Case Information Section Enter the Defendant’s name and Case Number even if it has already been entered on the In/Out worksheet.

2. Sentencing Factors Section Complete prior to sentencing.

3. Most Serious Conviction Offense – Following the general instructions, the scorer should select only the most serious offense being sentenced at the current sentencing event. Where two or more offenses have the same score, circle the specific offense scored as the most serious conviction offense on this worksheet. The scorer should enter the number of points assigned to the most serious offense.

4. Number of Additional Felony Convictions (Including Counts) - The scorer should total all offenses being sentenced other than the most serious offense being sentenced at the present time. In the event of a multi-count indictment, all counts in which the defendant was found guilty or entered a guilty plea should be counted the same as separate convictions.

5. Number of Prior Adult Felony Convictions - Count all felony convictions that occurred prior to the arrest date(s) of the offense(s) being sentenced at the current sentencing event.

6. Number of Prior Adult Felony Class C Convictions - Count only the number of Class C felony convictions that occurred prior to the arrest date(s) of the offense(s) being sentenced at the current sentencing event.

7. Prior Incarceration with Unsuspended Sentence Imposed of 1 Year or More - Count prior prison, jail, Department of Corrections/community corrections, and YO or Juvenile Delinquency sentences where the non-suspended time imposed was one year or greater. Count only sentences that occurred prior to the arrest date(s) of the offense(s) being sentenced.

8. Prison Sentence Length Recommendation Total Score – Total the scores from the Sentencing Factors Section.

9. Recommended Sentence Range - Go to the Drug Prison Sentence Length Ranges for Worksheet Table to convert the score into a sentence length recommendation. Record the recommended sentence range for the total sentence in the space identified as “straight”. Record the recommended split sentence range in the space provided. The sentence for the most serious offense must come from these recommended ranges to comport with the standards. Statutory enhancements, as they have been applied, have been factored into the sentence length table recommendations and should not be added.

10. Judges Signature or Initials After the sentencing recommendations are completed and sentence has been imposed, the sentencing judge should sign or initial the worksheet to identify and acknowledge the worksheet has been reviewed and was considered prior to sentencing.

Appendix A A 26 After sentencing, the completed worksheet must be filed with the court clerk and made a part of the record. The court clerk shall forward a copy of this and the Prison In/Out worksheet, along with a copy of the Court’s final Sentencing Order, to the Alabama Sentencing Commission.

Departure Sentences

If the recommended sentence length is not followed, refer to the General Instructions III for procedures relating to departure sentences and requiring the finding of aggravating and/or mitigating circumstances.

A 27 Drug Prison Sentence Length Worksheet Eff.10-1-2013

Defendant ______Case No. ______

Most Serious Conviction Offense Please circle one offense

Felony DUI or Possession of Marihuana………………...... 42 Manufacturing Controlled Substance 2nd …………………….. 105 A/S/C Possession of Marihuana…………………………….. 42 A/S/C Manufacturing Controlled Substance 2nd……………… 105 Possession of a Controlled Substance……..…….……..….. 71 Sale/Distribution of Schedule I-V (other than to a minor)………. 113 A/S/C Possession of a Controlled Substance……………… 71 A/S/C Sale/Distribute Schedule I-V Drugs (other than to minor) 113 Sale/Distribution of Marihuana (other than to a minor)...... 84 Manufacturing Controlled Substance 1st .…………………….. 286 A/S/C Sale/Distribution of Marihuana (other than to minor)…. 84 A/S/C Manufacturing Controlled Substance 1st……………..... 286 Possession with Intent to Distribute Controlled Sub………..105 A/S/C Possession with Intent to Distribute Controlled Sub..105 Score *A/S/C = Attempt/Solicitation/Conspiracy

Number of Additional Felony Convictions (Including Counts) None 0 1 15 2 29 3 44 4 or more 58 Score Number of Prior Adult Felony Convictions None 0 1 10 2 20 3 30 4 40 5 or more 50 Score

Number of Prior Adult Felony Class C Convictions

None 0 1 7 2 14 3 21 4 28 5 35 6 43 7 or more 50 Score

Prior Incarceration Unsuspended with Sentence Imposed of 1 Year or More

If Yes 14 Score

See Prison Sentence Length Table Total Score Presumptive Sentence Range _____ to _____ (straight) _____ to _____ (split)

Judge’s Signature/Initial

The final sentencing order (after grant or denial of probation) must be attached. ______A28 Drug Prison Sentence Length Ranges for Worksheet Time in Months

Total Sentence Time to Serve On Split Score Low Mid High Low Mid High 42 13 23 32 6 9 12 49 13 23 32 6 10 14 52 13 23 32 6 10 14 56 13 23 32 6 10 14 57 13 23 32 6 10 14 59 13 23 32 6 10 14 62 13 23 32 6 10 14 64 13 23 32 6 10 14 66 13 23 32 6 12 18 67 13 23 32 6 12 18 69 13 23 32 6 12 18 70 13 23 32 6 12 18 71 13 23 32 6 12 18 72 13 23 32 6 12 18 73 13 23 32 6 12 18 74 13 23 32 6 12 18 76 13 39 65 6 12 18 77 13 39 65 6 12 18 78 13 39 65 6 17 27 79 13 39 65 6 17 27 80 13 39 65 8 18 27 81 13 39 65 8 18 27 82 13 39 65 8 18 27 83 13 39 65 8 18 27 84 13 39 65 8 18 27 86 13 39 65 8 18 27 87 13 39 65 8 18 27 88 13 39 65 8 18 27 89 13 39 65 8 18 27 90 13 39 65 8 18 27 91 13 39 65 8 18 27 92 13 39 65 8 18 27 93 13 39 65 8 18 27 94 13 39 65 8 18 27 95 13 39 65 8 18 27 96 13 39 65 8 18 27 97 13 39 65 8 18 27 98 13 39 65 8 18 27 99 13 39 65 8 18 27 100 13 39 65 8 18 27 101 13 39 65 8 18 27 102 13 39 65 8 18 27 103 13 39 65 8 18 27 104 13 55 97 8 18 27 105 15 56 97 8 18 27 106 15 56 97 8 18 27 107 15 56 97 8 18 27 108 15 56 97 8 18 27 109 15 56 97 8 18 27 110 15 56 97 8 18 27 111 15 56 97 8 18 27 112 15 56 97 8 18 27 113 15 56 97 8 18 27 115 15 56 97 8 18 27 116 15 56 97 8 18 27

A29 Total Sentence Time to Serve On Split Score Low Mid High Low Mid High 117 15 56 97 8 18 27 118 15 56 97 8 18 27 119 15 56 97 8 18 27 120 15 56 97 8 18 27 121 15 56 97 8 18 27 122 15 56 97 8 18 27 123 15 56 97 8 18 27 124 15 56 97 8 18 27 125 15 56 97 8 18 27 126 18 58 97 8 18 27 127 18 58 97 8 18 27 128 18 58 97 8 18 27 130 18 58 97 8 18 27 132 18 58 97 8 18 27 133 18 58 97 8 18 27 134 18 58 97 8 18 27 135 18 58 97 8 18 27 136 18 58 97 8 18 27 137 18 58 97 8 18 27 138 18 58 97 8 18 27 139 18 58 97 8 18 27 140 18 58 97 8 18 27 141 21 62 104 8 18 27 142 21 62 104 8 18 27 143 21 62 104 8 18 27 144 21 62 104 8 18 27 145 21 62 104 8 18 27 146 21 62 104 8 18 27 147 21 62 104 8 18 27 148 24 64 104 8 18 27 149 24 64 104 8 18 27 150 24 64 104 8 18 27 152 24 64 104 8 18 27 154 30 67 104 12 20 27 155 30 67 104 12 20 27 156 30 67 104 12 20 27 157 30 67 104 12 20 27 158 30 67 104 12 20 27 159 30 67 104 12 20 27 160 30 67 104 12 20 27 161 30 67 104 12 20 27 162 30 67 104 12 20 27 163 30 67 104 12 20 27 164 30 67 104 12 20 27 165 30 67 104 12 20 27 166 30 67 104 12 20 27 167 30 67 104 12 20 27 168 30 67 104 12 20 27 169 30 67 104 12 20 27 170 30 67 104 12 20 27 171 30 67 104 12 20 27 172 36 70 104 12 20 27 173 36 70 104 12 20 27 174 36 70 104 12 20 27 176 36 70 104 12 20 27 177 36 70 104 12 24 36 178 36 70 104 12 24 36 181 45 87 130 16 26 36 182 45 87 130 16 26 36 A30 Total Sentence Time to Serve On Split Score Low Mid High Low Mid High 183 45 87 130 16 26 36 184 45 87 130 16 26 36 185 45 87 130 16 26 36 188 45 87 130 24 30 36 189 45 87 130 24 30 36 191 45 87 130 24 30 36 192 45 87 130 24 30 36 195 45 87 130 24 30 36 196 45 87 130 24 30 36 198 45 87 130 24 30 36 199 45 87 130 24 30 36 200 45 87 130 24 30 36 203 45 87 130 24 30 36 205 45 87 130 24 30 36 206 45 87 130 24 30 36 212 45 87 130 24 30 36 213 45 87 130 24 30 36 214 45 87 130 24 30 36 220 45 87 130 24 30 36 222 45 87 130 24 30 36 227 45 87 130 24 30 36 232 45 87 130 24 30 36 235 45 87 130 24 30 36 242 45 87 130 24 30 36 250 50 90 130 24 30 36 255 50 90 130 24 30 36 258 60 95 130 24 30 36 262 60 95 130 24 30 36 270 60 95 130 24 30 36 276 70 100 130 24 30 36 280 70 100 130 24 30 36 286 120 150 180 24 30 36 300 120 150 180 24 30 36 315 120 150 180 24 30 36 320 180 210 240 36 48 60 345 180 210 240 36 48 60 360 180 210 240 36 48 60 381 180 210 240 36 48 60

A31 The Property “A” offenses listed below are covered by the Sentencing Standards subject to Presumptive Sentencing Recommendations.

Most Serious Offense at Conviction Ranking

Theft of Property I § 13A-8-3 58 points

Receiving Stolen Property I § 13A-8-17 58 points

Theft of Property II § 13A-8-4 46 points

Receiving Stolen Property II § 13A-8-18 46 points

Forgery II § 13A-9-3 44 points

Possession Forged Instrument II § 13A-9-6 42 points

Possession/Use Credit/Debit Card § 13A-9-14 39 points

Unauthorized Use/Break & Enter Vehicle § 13A-8-11(a)(4) & (b) 32 points

Appendix A A 32 INSTRUCTIONS - - Property “A” Prison In/Out Worksheet

1. Case Information Section Complete prior to sentencing. See the General Instructions to complete this section.

2. Sentencing Factors Section Complete prior to sentencing.

3. Most Serious Conviction Offense – Following the general instructions, the preparer should select only the most serious offense being sentenced at the current sentencing event. Where two or more offenses have the same score, circle the specific offense scored as the most serious conviction offense on this worksheet. The preparer should enter the number of points assigned to the most serious offense.

4. Number of Prior Adult Felony Convictions- Count all felony convictions that occurred prior to the arrest date(s) of the offense(s) being sentenced at the current sentencing event.

5. Number of Prior Adult Convictions for Same Felony - Count all felony convictions for the same offense that occurred prior to the arrest date of the most serious offense being sentenced at the current sentencing event. Only count those offenses where the crime and the degree are identical to the current offense. For instance, if the current most serious offense is Theft of Property I, then a prior Theft of Property II or III conviction would not be scored in this section.

6. Number of Prior Adult Convictions for Misdemeanors or Violations - Count all criminal convictions for misdemeanor offenses or violations that occurred prior to the arrest date(s) of the offense(s) being sentenced at the current sentencing event. Only include the serious traffic offenses of (1) DUI, (2) BUI, (3) Leaving the Scene of an Accident, (4) Attempting to Elude, (5) Driving without a License or (6) Driving while License is Suspended or Revoked.

7. Prior Incarceration with Unsuspended Sentence Imposed of 1 Year or More - Count prior prison, jail, Department of Corrections/community corrections, and YO or Juvenile Delinquency sentences where the non-suspended time imposed was one year or greater. Count only sentences that occurred prior to the arrest date(s) of the offense(s) being sentenced.

8. Prior Incarceration with Unsuspended Sentence Imposed of Less Than 1 Year - Count prior prison, jail, Department of Corrections/community corrections, and YO or Juvenile Delinquency sentences where the non-suspended time imposed was less than one year. Count only sentences that occurred prior to the arrest date(s) of the offense(s) being sentenced.

9. Prior Probation or Parole Revocation - Count probation or parole revocations that occurred prior to the arrest date(s) of the offense(s) being sentenced at the current sentencing event. Only felony probation revocations should be scored.

10. Number of Prior Juvenile Delinquency or Youthful Offender Adjudications - Count all juvenile delinquency and Youthful Offender adjudications that occurred prior to the arrest date(s) of the offense(s) being sentenced at the current sentencing event. Note: use the definition for misdemeanors or violations as set out in factor #6.

11. Possession/Use of a Deadly Weapon or Dangerous Instrument - Count this factor if there was a connection (other than the mere possession of a weapon) between the presence of a deadly weapon (or dangerous instrument) and the commission of any of the offense(s) being sentenced at the current sentencing event. This factor should not be counted if the deadly weapon or dangerous instrument is merely “loot” or

A 33 proceeds of a sale. For the purpose of completing the worksheets, a deadly weapon or dangerous instrument shall be defined pursuant to Sections 13A-1-2 and 13A-11-72.

12. Injury to Victim – Count this factor if a victim suffered physical injury or serious physical injury during the commission or flight from the offense. For the purposes of completing the worksheet, physical injury shall be defined pursuant to Section 13A-1-2 (12), Code of Alabama 1975, and serious physical injury shall be defined pursuant to Section 13A-1-2 (14), Code of Alabama 1975.

13. Recommendation Section Total Score - Prior to sentencing, total the scores from the Sentencing Factors Section.

14. Non-Prison: 8-14 Points Circle “non-prison” as the sentence disposition recommendation. Several examples are given in the General Instructions for non-prison sentence options. These examples are not given to limit the recommendation but merely as a guide to some available sentences. The examples are not intended to establish any new sentence types.

15. Prison: 15 or more points Circle “prison” as the sentence disposition recommendation. Several examples are given in the General Instructions for prison sentence options. These examples are not given to limit the recommendation but merely as a guide to some available sentences. The examples are not intended to establish any new sentence types.

After sentencing, the completed worksheet must be filed with the court clerk and made a part of the record. The court clerk shall forward a copy of this worksheet and the Prison Sentence Length worksheet, along with a copy of the Court’s final Sentencing Order, to the Alabama Sentencing Commission.

Departure Sentences

If the recommended disposition is not followed, refer to the General Instructions III for procedures relating to departure sentences and requiring the finding of aggravating and/or mitigating circumstances.

Appendix A A 34 Please Print Property “A” Prison In/Out Worksheet Eff.10-1-2013 Defendant ______Case No. ______Judge ______Prosecutor ______Probation Officer ______Defense Attorney ______Worksheet Preparer, Title ______List Additional Cases/Counts Sentenced for this Event______Most Serious Conviction Offense Please circle one offense

Possession/Use Credit/Debit Card 8 Possession Forged Instrument II, Forgery II, Theft of Prop II, Receive Stolen Prop II 9

Theft of Prop I, Receive Stolen Prop I, Unauthorized Use/B&E Vehicle 10 Score Number of Prior Adult Felony Convictions None 0 1-2 1 3-4 2 5 or more 3 Score Number of Prior Adult Convictions for Same Felony None 0 1 1 2 2 3-4 3 5 or more 4 Score Number of Prior Adult Convictions for Misdemeanors or Violations 0-1 0 2-5 1 6-9 2 10 or more 3 Score Prior Incarceration with Unsuspended Sentence Imposed of 1 Year or More If Yes 6 Score Prior Incarceration with Unsuspended Sentence Imposed of Less Than 1 Year 3 If Yes Score Prior Felony Probation or Parole Revocation

If Yes 2 Score Number of Prior Juvenile Delinquency or YO Adjudications (Violation/Misd/Felony) None 0 1 1 2-3 2 4 3 5 or more 4 Score Possession/Use of a Deadly Weapon or Dangerous Instrument If Yes 1 Score Injury to Victim

If Yes 2 Score

Presumptive Disposition Total Score

8-14 points: Non-Prison 15 or more points: Prison

The final sentencing order (after grant or denial of probation) must be attached. A35 INSTRUCTIONS - - Property “A” Prison Sentence Length Worksheet

The Case Information and Sentencing Factors section of this worksheet must be completed prior to sentencing.

1. Case Information Section Enter the Defendant’s name and Case Number even if it has already been entered on the In/Out worksheet.

2. Sentencing Factors Section Complete prior to sentencing.

3. Most Serious Conviction Offense - The scorer should select only the most serious offense being sentenced at the current sentencing event. See the General Instructions.

4. Number of Additional Felony Convictions (Including Counts) - The scorer should total all offenses being sentenced other than the most serious offense being sentenced at the present time. In the event of a multi-count indictment, all counts in which the defendant was found guilty or entered a guilty plea should be counted the same as separate convictions. This does not include prior convictions - they are counted elsewhere.

5. Number of Prior Adult Felony Convictions - Count all felony convictions that occurred prior to the arrest date(s) of the offense(s) being sentenced at the current sentencing event.

6. Number of Prior Adult Felony Property Convictions - Count only the number of felony property convictions that occurred prior to the arrest date(s) of the offense(s) being sentenced at the current sentencing event.

7. Prior Incarceration with Unsuspended Sentence Imposed of 1 Year or More - Count prior prison, jail, Department of Corrections/community corrections, and YO and Juvenile Delinquency sentences where the non-suspended time imposed was one year or greater. Count only sentences that occurred prior to the arrest date(s) of the offense(s) being sentenced.

8. Prior Probation or Parole Revocation - Count probation or parole revocations that occurred prior to the arrest date(s) of the offense(s) being sentenced at the current sentencing event. Only felony probation revocations should be scored.

9. Possession/Use of a Deadly Weapon or a Dangerous Instrument and/or Injury to Victim - Count this if the offender used or brandished a deadly weapon or dangerous instrument. This factor should not be counted if the deadly weapon or dangerous instrument is merely “loot” or proceeds of a sale. There should be a connection (other than the mere possession of the deadly weapon or dangerous instrument) between the presence of the deadly weapon (or dangerous instrument) and the commission of any offense(s) being sentenced at the current sentencing event for this factor to be scored. For the purposes of completing the worksheets, a deadly weapon or dangerous instrument shall be defined pursuant to Sections 13A-1-2 and 13A-11-72.

Count this factor if a victim suffered physical injury or serious physical injury during the commission or flight from the offense. For the purposes of completing the worksheet physical injury shall be defined pursuant to Section 13A-1-2 (12), Code of Alabama 1975 and serious physical injury shall be defined pursuant to Section 13A-1-2 (14), Code of Alabama 1975.

Appendix A A 36 10. Acquired a Firearm During Offense – Count this if a firearm was acquired during the commission of the offense(s) being scored at the current sentencing event.

11. Prison Sentence Length Recommendation Total Score – Total the scores from the Sentencing Factors Section.

12. Recommended Sentence Range - Go to the Drug Prison Sentence Length Ranges for Worksheet Table to convert the score into a sentence length recommendation. Record the recommended sentence range for the total sentence in the space identified as “straight”. Record the recommended split sentence range in the space provided. The sentence for the most serious offense must come from these recommended ranges to comport with the standards. Statutory enhancements, as they have been applied, have been factored into the sentence length table recommendations and should not be added.

13. Judges Signature or Initials After the sentencing recommendations are completed and sentence has been imposed, the sentencing judge should sign or initial the worksheet to identify and acknowledge that the worksheet was reviewed and considered prior to the sentencing.

After sentencing, the completed worksheet must be filed with the court clerk and made a part of the record. The court clerk to shall forward a copy of this worksheet and the Prison In/Out worksheet, along with a copy of the Court’s final Sentencing Order, to the Alabama Sentencing Commission.

Departure Sentences

If the recommended sentence length is not followed, refer to the General Instructions III for procedures relating to departure sentences and requiring the finding of aggravating and/or mitigating circumstances.

A 37 Please Print Property “A” Prison Sentence Length Worksheet Eff.10-1-2013

Defendant ______Case No. ______

Most Serious Conviction Offense

Unauthorized Use/B&E Vehicle 32 Theft of Prop II, Receive Stolen Prop II 46

Possession/Use Credit/Debit Card 39 Theft of Prop I, Receive Stolen Prop I 58

Possession Forged Instrument II 42

Forgery II 44 Score

Number of Additional Felony Convictions (Including Counts)

None 0 1 5 2 10 3 or more 15 Score

Number of Prior Adult Felony Convictions None 0 6 72 1 12 7 84 2 24 8 97 3 36 9 109 4 48 10 or more 121 5 60 Score Number of Prior Adult Felony Property Convictions None 0 1 7 2 14 3 21 4 27 5 or more 34 Score

Prior Incarceration with Unsuspended Sentence Imposed of 1 Year or More If Yes 15 Score Prior Felony Probation or Parole Revocation If Yes 7 Score Possession/Use of a Deadly Weapon/Dangerous Instrument or Injury to Victim If Yes 37 Score Acquired a Firearm During Offense

If Yes 12 Score

See Prison Sentence Length Table Total Score

Presumptive Sentence Range _____ to _____ (straight) _____ to _____ (split)

Judge’s Signature/Initial ______The final sentencing order (after grant or denial of probation) must be attached. A38 Property "A" Prison Sentence Length Ranges for Worksheet Time in Months

Total Sentence Time to Serve On Split Score Low Mid High Low Mid High 32 13 18 23 6 9 12 37 13 22 31 6 9 12 39 13 22 31 6 9 12 42 13 22 31 6 9 12 44 13 22 31 6 9 12 45 13 22 31 6 9 12 46 13 22 31 6 9 12 47 13 22 31 6 9 12 49 14 23 31 6 9 12 51 14 23 31 6 9 12 52 14 27 38 6 9 12 53 14 27 38 6 9 12 54 14 27 38 6 9 12 55 14 27 38 6 9 12 56 14 31 46 6 9 12 57 14 31 46 6 9 12 58 14 31 46 6 9 12 59 14 31 46 6 9 12 60 14 31 46 6 9 12 61 16 31 46 6 9 12 62 16 31 46 6 9 12 63 16 31 46 6 9 12 64 16 31 46 6 9 12 65 16 31 46 6 9 12 66 16 31 46 6 9 12 67 16 31 46 6 9 12 68 16 31 46 6 9 12 69 16 31 46 6 9 12 70 16 31 46 6 9 12 71 19 32 46 6 9 12 72 19 32 46 6 9 12 73 19 32 46 6 9 12 74 19 32 46 6 9 12 75 19 32 46 6 9 12 76 19 36 54 6 9 12 77 19 36 54 6 9 12 78 22 42 61 6 9 12 79 22 42 61 6 9 12 80 22 42 61 6 9 12 81 22 42 61 6 9 12 82 22 42 61 6 9 12 83 22 42 61 6 9 12 84 22 42 61 6 9 12 85 22 42 61 6 9 12 86 22 42 61 6 9 12 87 22 42 61 6 9 12 88 22 42 61 6 9 12

A39 Total Sentence Time to Serve On Split Score Low Mid High Low Mid High 89 22 42 61 6 12 19 90 22 45 69 6 12 19 91 22 45 69 6 12 19 92 22 45 69 6 12 19 93 22 45 69 6 12 19 94 22 45 69 6 12 19 95 22 45 69 6 12 19 96 22 45 69 6 12 19 97 22 45 69 6 12 19 98 22 45 69 6 12 19 99 22 49 77 6 12 19 100 22 49 77 6 12 19 101 22 68 115 6 12 19 102 22 68 115 6 12 19 103 22 68 115 6 12 19 104 22 68 115 6 12 19 105 22 68 115 6 12 19 106 24 70 115 6 12 19 107 27 71 115 6 12 19 108 27 71 115 6 12 19 109 27 71 115 6 12 19 110 27 71 115 6 12 19 111 27 71 115 6 12 19 112 27 71 115 6 12 19 113 27 71 115 6 12 19 114 27 71 115 6 12 19 115 27 71 115 6 12 19 116 27 71 115 6 12 19 117 27 71 115 6 12 19 118 32 74 115 6 12 19 119 54 85 115 6 12 19 120 54 85 115 6 12 19 121 54 85 115 6 12 19 122 54 85 115 6 12 19 123 54 85 115 6 12 19 124 54 85 115 6 12 19 125 54 85 115 6 12 19 126 54 85 115 6 12 19 127 54 85 115 6 12 19 128 54 85 115 6 12 19 129 54 85 115 6 12 19 130 54 85 115 6 12 19 131 54 85 115 6 12 19 132 54 85 115 6 12 19 133 54 85 115 6 12 19 134 54 85 115 6 12 19 135 54 85 115 6 12 19 136 54 85 115 6 12 19 137 54 85 115 6 12 19 138 54 85 115 6 12 19

A40 Total Sentence Time to Serve On Split Score Low Mid High Low Mid High 139 54 85 115 6 12 19 140 54 85 115 6 12 19 141 54 85 115 6 12 19 142 54 85 115 6 12 19 143 54 85 115 6 12 19 144 76 95 115 6 12 19 145 76 95 115 6 12 19 146 76 95 115 6 12 19 147 76 95 115 6 12 19 148 76 95 115 6 12 19 149 76 95 115 6 12 19 150 76 95 115 6 12 19 151 76 95 115 12 15 19 152 76 95 115 12 15 19 153 76 95 115 12 15 19 154 76 95 115 12 15 19 155 76 95 115 12 15 19 156 76 95 115 12 15 19 157 76 95 115 12 15 19 158 76 95 115 12 15 19 159 76 95 115 12 15 19 160 76 95 115 12 15 19 161 76 95 115 12 15 19 162 76 95 115 12 15 19 163 76 95 115 12 15 19 164 76 95 115 12 15 19 165 76 95 115 12 15 19 166 76 95 115 12 15 19 167 76 95 115 12 15 19 168 81 102 123 12 15 19 169 81 102 123 12 15 19 170 81 102 123 12 18 25 171 81 102 123 12 18 25 172 81 102 123 12 18 25 173 81 102 123 12 18 25 174 81 102 123 12 18 25 175 81 102 123 12 18 25 176 81 102 123 12 18 25 177 81 102 123 12 18 25 178 81 102 123 12 18 25 179 81 102 123 12 18 25 180 81 102 123 12 18 25 181 81 102 123 12 18 25 182 81 102 123 12 18 25 183 81 102 123 12 18 25 184 81 102 123 12 18 25 185 81 102 123 12 18 25 186 81 102 123 12 18 25 187 81 102 123 12 18 25 188 81 102 123 12 18 25

A41 Total Sentence Time to Serve On Split Score Low Mid High Low Mid High 189 81 102 123 12 18 25 190 81 102 123 12 18 25 191 81 102 123 12 18 25 192 81 117 154 12 18 25 195 81 117 154 12 18 25 197 81 117 154 12 18 25 198 81 117 154 12 18 25 199 81 117 154 12 18 25 201 81 117 154 12 18 25 202 81 117 154 12 18 25 204 81 117 154 12 18 25 205 81 117 154 12 18 25 206 81 117 154 12 22 31 207 81 117 154 12 22 31 208 81 117 154 12 22 31 209 81 117 154 12 22 31 210 81 117 154 12 22 31 211 81 117 154 12 22 31 213 81 117 154 12 22 31 214 81 117 154 12 22 31 215 81 117 154 18 25 31 216 81 117 154 18 25 31 217 81 117 154 18 25 31 219 81 117 154 18 25 31 220 81 117 154 18 25 31 222 81 117 154 18 25 31 223 81 117 154 18 25 31 225 81 117 154 18 25 31 228 81 117 154 18 25 31 232 81 117 154 18 25 31 233 81 117 154 18 25 31 235 81 117 154 18 25 31 245 81 117 154 18 25 31 246 81 117 154 18 25 31 250 81 117 154 18 25 31 260 81 117 154 18 25 31 274 81 117 154 18 25 31 275 120 135 156 24 30 36 280 120 135 156 24 30 36 282 120 135 156 24 30 36 285 120 135 156 24 30 36 287 120 135 156 24 30 36 290 120 135 156 24 30 36 292 120 135 156 24 30 36 294 120 135 156 24 30 36 299 120 135 156 24 30 36 302 120 135 156 24 30 36 304 120 135 156 24 30 36 306 120 135 156 24 30 36 308 120 135 156 24 30 36

A42 Total Sentence Time to Serve On Split Score Low Mid High Low Mid High 309 120 135 156 24 30 36 311 120 135 156 24 30 36 312 120 135 156 24 30 36 313 120 135 156 24 30 36 314 120 135 156 24 30 36 317 120 135 156 24 30 36 318 120 150 180 24 30 36 320 120 150 180 24 30 36 321 120 150 180 24 30 36 323 120 150 180 24 30 36 324 120 150 180 24 30 36 326 120 150 180 24 30 36 329 120 150 180 24 30 36 331 120 150 180 24 30 36 333 120 150 180 24 30 36 335 120 150 180 24 30 36 336 120 150 180 24 30 36 338 120 150 180 24 30 36 339 120 150 180 24 30 36 341 120 150 180 24 30 36 342 120 150 180 24 30 36 343 120 150 180 24 30 36 345 120 150 180 24 30 36 347 120 150 180 24 30 36 350 120 150 180 24 30 36 351 120 150 180 24 30 36 353 144 192 240 36 48 60 356 144 192 240 36 48 60 358 144 192 240 36 48 60 359 144 192 240 36 48 60 362 144 192 240 36 48 60 363 144 192 240 36 48 60 364 144 192 240 36 48 60 369 144 192 240 36 48 60 370 144 192 240 36 48 60 375 144 192 240 36 48 60 380 144 192 240 36 48 60 382 144 192 240 36 48 60 385 144 192 240 36 48 60 396 144 192 240 36 48 60 404 144 192 240 36 48 60 418 144 192 240 36 48 60

A43